68 Minn. 81 | Minn. | 1897
This action was brought on the joint and several promissory note of the defendant and his father, the former being surety for the latter. The cause of action against defendant was barred by the statute of limitations, unless the running of the statute had been interrupted by certain partial payments. All of these payments were made by the father. It is the law of this state that a partial payment by one of several joint and several debtors is inoperative to prevent the running of the statute as to the others. Willoughby v. Irish, 35 Minn. 63, 27 N. W. 379. In order to prevent the running of the statute, a payment must have been made by the debtor in person, or for him by his authority, or for him and in his name without authority and subsequently ratified by him. The mere fact that he has knowledge of payments being made by his co-debtor is not sufficient. McMullen v. Rafferty, 89 N. Y. 456; Littlefield v. Littlefield, 91 N. Y. 203.
Order affirmed.