Gower v. Stuart

Stuart was sued on a verbal promise to pay the note of John Fitzpatrick and John Fitzpatrick, junior, owned by Gower, but now lost. Delay was made at his request, and he made some payments. The ground relied on for taking the case out of the statute is the alleged fact that he held Fitzpatrick’s property in his control. It is not shown how he held it, although he is shown to have had it in his hands to a greater or less extent. Whatever extensions were made were made *748under no arrangement with the Fitzpatricks or either of them. The testimony was contradictory.

It was held below that no action…