Welles-Kahn Co. v. Klein

The declaration and pleas thereto are set out in full in the first opinion. There were five replications to the second plea and seven replications to the third plea. There was no issue joined upon the second plea — each replication sought to avoid the effect of that plea by alleging: First, that the defendant' within three years after the accrual of the cause of action and within three years before the institution of the suit verbally promised to pay; second, that he promised within that time for a valuable consideration to pay; third, that the consideration was forbearance of the plaintiff…