Weston v. Hodgkins
Massachusetts Supreme Judicial Court
Contract, upon three promissory notes made by the defendant, payable to the plaintiff or order, dated March 13, 1871, one for $100, payable in one year, one for $150, payable in two years, and one for $150, payable in three years from date, with interest at ten per cent per annum. Writ dated June 13,1881. Answer: 1, A general denial. 2. The statute of limitations.
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Contract, upon three promissory notes made by the defendant, payable to the plaintiff or order, dated March 13, 1871, one for $100, payable in one year, one for $150, payable in two years, and one for $150, payable in three years from date, with interest at ten per cent per annum. Writ dated June 13,1881. Answer: 1, A general denial. 2. The statute of limitations. At the trial in the Superior Court, before Barker, J., the plaintiff put in evidence the notes declared on, the signature thereto not being specially denied ; and, for the purpose of taking the case out of the statute of…
1Opinion of the CourtColburn, J.
It was decided in Bangs v. Hall, 2 Pick. 368, upon an elaborate review of all the authorities, that, to take a debt out of the statute of limitations by reason of an acknowledgment or new promise, it is necessary that there should be an unqualified acknowledgment, not only that the debt was just originally, but that it continues due at the time of the acknowledgment, so that a promise to pay can fairly be implied; either an express promise to pay the debt, or a conditional promise, the condition of which has been performed. This decision has been repeatedly approved and affirmed in subsequent…
2Cited by12 opinions
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