Prentiss v. Stevens
Supreme Court of Vermont
Book Account. The account commenced running in July, 1852, and continued until August, 1859. The writ was dated February 13th, 1863, and the auditor, to whom the case was referred, finds that on the 5th day of February, 1863, the defendant told the plaintiff that “ he would come up to his office and pay him what he owed him.”
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Book Account. The account commenced running in July, 1852, and continued until August, 1859. The writ was dated February 13th, 1863, and the auditor, to whom the case was referred, finds that on the 5th day of February, 1863, the defendant told the plaintiff that “ he would come up to his office and pay him what he owed him.” The only question is whether this statement removed the statute bar as to that portion of the plaintiff’s account that was then barred by the statute of limitations. The court at the September Term, 1864, Peck, J., presiding, decided that it did, and rendered judgment…
1Opinion of the Court
The opinion of the court was delivered by
Poland, Ch. J.
The only question in this case is whether the defendant’s promise or acknowledgement is sufficient to remove the bar of the statute of limitations, as to that portion of the plaintiff’s account which accrued more than six years before the commencement of his action.
We should have been quite content to have affirmed the judgment below without any words on the case, but the great industry used by the defendant’s counsel to make it appear that the judgment below was erroneous, seems to require that we should give the subject some examination.
2Cases cited7 opinions
- Kimball v. Estate of BaxterSupreme Court of Vermont · 1854
- Blake v. ParlemanSupreme Court of Vermont · 1841
- Hutchinson v. PrattSupreme Court of Vermont · 1829
- Chipman v. BatesSupreme Court of Vermont · 1831
- Williams v. FinneySupreme Court of Vermont · 1844
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