Weaver v. Weaver
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county. This was an action of assumpsit, commenced March 10th 1855, by Martin Weaver against Mary Weaver, executrix, &e., of Joseph Weaver, deceased: the defendant pleaded the Statute of Limitations.
Read the full summary
Error to the Court of Common Pleas of Schuylkill county. This was an action of assumpsit, commenced March 10th 1855, by Martin Weaver against Mary Weaver, executrix, &e., of Joseph Weaver, deceased: the defendant pleaded the Statute of Limitations. On the trial the plaintiff gave in evidence a statement of accounts, including an item of charge against Joseph Weaver, “ purchase-money of house and lot, $4400.” The account showed balance of $1934.44 due to Martin Weaver, and appended to it was the following:— “ Having received an order for a deed to me fromM. Weaver, I hereby agree to settle…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
There was a time in Pennsylvania when the words written by Joseph Weaver at the bottom of his brother’s statement of account might have been held sufficient to remove the bar of the statute ; but that time has long since passed, and a closer approximation to the statute is now the rule. In Emerson v. Miller et al., 3 Casey 278, the debtor, in answer to the plaintiff’s bill and demand for payment, said that he would “ attend to it,” or “ fix it,” or “ settle it,” before he left, being about to sail for Europe. In that case it was held that…
2Cited by3 opinions
- McPhilomy v. ListerSupreme Court of Pennsylvania · 1941
- Beal & Simons v. Adams Express Co.Superior Court of Pennsylvania · 1900
- Linderman v. Pomeroy, Pennsylvania Court of Common Pleas, Bradford County1891