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Western Coal & Mining Co. v. Hilvert

Supreme Court of Arizona

October 18, 1943

WESTERN COAL & MINING COMPANY, Appellant,
v.
FRED G. HILVERT, Appellee

APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. Judgment reversed and cause remanded for new trial.

Messrs. Ellinwood & Ross, and Mr. Jos. S. Jenckes, Jr., for Appellant.

Messrs. Armstrong, Kramer, Morrison & Roche, for Appellee.

OPINION

STANFORD, J.

Appellant sued to recover on three notes amounting to $237,833.97, together with interest [60 Ariz. 538] and attorneys' fees, except the sum of $166.03 credited on said amount.

Appellee pleads the statute of limitations.

The notes, together with certain certificates of stock given as security, were sold and assigned to this appellant by the previous owner.

The notes were dated Cincinnati, December 10, 1932, Cincinnati, December 12, 1932, St. Louis, January 3, 1933, and the complaint, which was filed here September 25, 1941, alleged that on December 20, 1938, appellee, in writing, acknowledged the justness of the indebtedness and impliedly promised to pay the notes, and appellant submitted an exhibit in reference to the said promise in writing by appellee as follows:

"Exhibit 'D'

"December 20, 1938.

"Western Coal and Mining Company,

"Missouri Pacific Building,

"St. Louis, Missouri.

"Gentlemen: ...


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