Evans v. Smith

34 Me. 33

Opinion

Howard, J.,

orally. —There is no valid objection to the admissibility of the Avitness. It is not a sound principle that, in order to take a note from the operation of the statute, the indorsement must be made in the handwriting of the debtor. It is the fact of the part-payment within six years from the commencement of the suit, which has that effect. Such a payment is distinctly shown by the testimony, Avhich it is admitted William Evans would give. Defendant defaulted.