Ward v. Jack
Supreme Court of Pennsylvania
Appeal, No. 203, Oct. T., 1895, by-defendant, from judgment of O. P. Washington County, February T., 1891, No. 371, on verdict for plaintiff. Assumpsit to recover an alleged balance due for work as a blacksmith. Before McIlvaine, P. J. At the trial plaintiff supported his claim by the production of small passbooks which were in the possession of Mr. Neel for years, and were produced, by the executor, under notice.
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Appeal, No. 203, Oct. T., 1895, by-defendant, from judgment of O. P. Washington County, February T., 1891, No. 371, on verdict for plaintiff. Assumpsit to recover an alleged balance due for work as a blacksmith. Before McIlvaine, P. J. At the trial plaintiff supported his claim by the production of small passbooks which were in the possession of Mr. Neel for years, and were produced, by the executor, under notice. The plaintiff’s claim covered work done by him from the summer of 1876 to June, 1883. His suit was brought January 22, 1891. Between June, 1883, and January, 1891, the plaintiff had…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The learned court below properly characterized the plaintiff’s claim as stale, and held that under the pleadings he could not recover upon it unless the bar of the statute was removed by the conversation testified to by Watson. The case was submitted to the jury under instructions which allowed them to *420find, in the conversation referred to, a clear and unequivocal acknowledgment of the claim, a reference by which the amount of it could be definitely ascertained, and a promise to pay it. Whether the conversation authorized the conclusions drawn from it is the…
2Cases cited3 opinions
- Landis v. RothSupreme Court of Pennsylvania · 1885
- Burr v. BurrSupreme Court of Pennsylvania · 1856
- Miller v. BaschoreSupreme Court of Pennsylvania · 1877
3Cited by6 opinions
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- Liberman v. GurenskyWashington Supreme Court · 1902
- Markee v. ReyburnSupreme Court of Pennsylvania · 1917
- Bream v. Drum, Pennsylvania Court of Common Pleas, Adams County1980
- Osborne v. Ridgebury Township, Pennsylvania Court of Common Pleas, Bradford County1939
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