Barlow v. Bellamy
Supreme Court of Vermont
This was an action of assumpsit on three notes of hand, dated June, 1817. Plea, the statute of limitation. Replication, a promise within six years, and issue joined to the country. On trial, the plaintiff proved, that one S. H. Barlow, as his agent, called on the defendant with the notes, February 28, 1828, at Shelburne, and there showed him the notes, and talked' with the defendant about them.
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This was an action of assumpsit on three notes of hand, dated June, 1817. Plea, the statute of limitation. Replication, a promise within six years, and issue joined to the country. On trial, the plaintiff proved, that one S. H. Barlow, as his agent, called on the defendant with the notes, February 28, 1828, at Shelburne, and there showed him the notes, and talked' with the defendant about them. The defendant then said, that he gave the notes, that they were due, and he meant to have seen the plaintiff about them before. This was all the evidence in the case. The defendant insisted, that the…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The only question presented is, does an unqualified acknowledgment that a debt is due take it out of the statute *56of limitation ? It is too late now to inquire whether the statute is to be holden an absolute bar both of the debt and the remedy, except in the cases therein excepted; or whether it rests on a presumption of payment, which, when rebutted, dispenses with the statute. Whether the statute confers on the debtor a personal privilege, which he alone may waive by confessing the debt, or by neglecting to plead the statute when sued;…
2Cases cited1 opinion
- Gailer v. GrinnelSupreme Court of Vermont · 1828