Gailer v. Grinnel
Supreme Court of Vermont
THIS cause came before the Court, on a motion of the defendant, that the judgment of the county court be reversed, and for a new trial, founded upon exceptions taken at the trial below, and certified up to this Court, as follows:— This was an action of debt, on a judgment of the common pleas for the county of.
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THIS cause came before the Court, on a motion of the defendant, that the judgment of the county court be reversed, and for a new trial, founded upon exceptions taken at the trial below, and certified up to this Court, as follows:— This was an action of debt, on a judgment of the common pleas for the county of. Rcnssellaer, and state of Mew- York, rendered on the 10th day of April, A. D. 1810. Plea, that no right of action accrued to the plaintiff within eight years next before the commencement of this suit — replication, that the right of action did accrue to the plaintiff within eight years…
1Opinion of the Court
The opinion of the Court was pronounced by
Prentiss, J.
It appears to be well settled, that an acknowledgment of a debt barred by the statute of limitations, or a promise to pay it, revives the original debt, and that the action must, properly, be brought on the old debt, and not on the new promise. Indeed, in the case of a debt barred by a certificate of bankruptcy, if the bankrupt afterwards promises to pay it, it may be recovered of him; and it is well established, that the action need not be brought on the new promise, but it is sufficient, in such case, to declare upon the original…
2Cases cited2 opinions
- Ford v. PhillipsMassachusetts Supreme Judicial Court · 1822
- Barnaby v. BarnabyMassachusetts Supreme Judicial Court · 1822
3Cited by6 opinions
- Phelps v. WoodSupreme Court of Vermont · 1837
- Hall v. HallSupreme Court of Vermont · 1836
- Flex-A-Seal, Inc. v. SaffordSupreme Court of Vermont · 2015
- Barlow v. BellamySupreme Court of Vermont · 1835
- Bradley v. BriggsSupreme Court of Vermont · 1849
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