Fletcher v. Gillan
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. The case is stated in the opinion of the court. 1. It is only necessary under § 2688, Revised Code of 1880, in order to repel the statute of limitations that an acknowledgment of the debt be made in writing by the party chargeable therewith.
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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. The case is stated in the opinion of the court. 1. It is only necessary under § 2688, Revised Code of 1880, in order to repel the statute of limitations that an acknowledgment of the debt be made in writing by the party chargeable therewith. In addition to the code I submit the following authorities: Angelí on,.Limitations, p. 218 et seq.; 41 Miss. 71; 35 Miss. 192; 55 Miss. 152; 56 Miss. 18; JELart v. Boyt, 54 Miss. 547; American Decisions, vol. 8, p. 163; lb. 10, 571; lb. 12, 173, 687; American Reports, vol. 6, p.…
1Opinion of the CourtChalmers, J.
The suit was upon an open account, to which a plea of the statute of limitations was interposed. The plaintiff replied a promise in writing within three years, and to support the replication introduced two letters from the defendant. In one of these he said, *11“ After bands are paid appropriate balance due on my account to yourself.” In tbe other he said, “ I would like to come there and do your work, so I could pay you what I owe you.” It is insisted that this amounted to an acknowledgment of the debt, as well as a promise to pay it.
This contention cannot be maintained. There is neither a…
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