(Download) "State v. Sequin" by Hawaii Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Sequin
- Author : Hawaii Court Of Appeals
- Release Date : January 26, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
[1] Plaintiffs original notice herein was served on November 27, 1943. His petition, filed December 4, 1943, demanded judgment on three notes, one for $3,000, and two for $500 each, all dated March 1, 1928, and due December 1, 1933, together with interest, attorneys fees, and costs, and prayed for foreclosure of a mortgage on a thirty-eight-acre farm to enforce the same. The answer of defendant M. Edith Stewart denied the execution of the notes and mortgage, asserted that plaintiff elected to declare all three notes due December 5, 1932, that the second note for $500 had been materially altered, and that all three notes were barred by the statute of limitations prior to the commencement of the action. The answer of defendant R. Ray Stewart was to the same effect. Plaintiffs reply asserted a general denial of the allegations of the answers as well as specific denials thereof, that there had been an extension of time for the payment of the second note for $500, originally due December 1, 1932, the extension being for one year and was endorsed on the face of the note, and further that the action was not barred by the statute of limitations because, in December 1941, there was an admission in writing by the defendant M. Edith Stewart that the mortgage indebtedness was unpaid and ten years have not elapsed since the making of said admission in writing; also, defendants had waived any alleged declaration of the indebtedness being due prior to the date fixed in the instruments and they are estopped from asserting the bar of the statute of limitations herein.