Bissell v. Adams
Supreme Court of Connecticut
Assumpsit, on two notes executed by Wilmarth & Adams, brought to the Superior Court in Hartford county. Adams alone made defense, pleading the general issue with notice of the statute of limitations, the issue being closed to the court.
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Assumpsit, on two notes executed by Wilmarth & Adams, brought to the Superior Court in Hartford county. Adams alone made defense, pleading the general issue with notice of the statute of limitations, the issue being closed to the court. The following facts were found by an auditor, to whom the case was referred. ' The defendants were partners in business under the name of Wilmarth & Adams, at Windsor Locks, in this state, on the first of September, 1848, on which day the two notes were executed by them, the same being signed by them individually, and one of the notes being joint and the other…
1Opinion of the CourtHinman, C. J.
We are of opinion that the acknowledgment of these debts as still subsisting, by the payments made by Wilmarth from time to time, almost up to the time when this suit was commenced, are, under the circumstances, a sufficient recognition of them as still due, to remove the bar of the statute of limitations as to both of the defendants. It is true that an acknowledgment by one partner after the dissolution of the partnership, and after the statute has attached to the debt, will not generally remove the bar created by the statute. Especially is this so if there is ground for supposing that the…
2Cases cited5 opinions
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Coit v. TracySupreme Court of Connecticut · 1830
- Bound v. LathropSupreme Court of Connecticut · 1822
- Lord v. ShalerSupreme Court of Connecticut · 1819
- Caldwell v. SigourneySupreme Court of Connecticut · 1848
3Cited by5 opinions
- Apuzzo v. HoerSupreme Court of Connecticut · 1939
- Broadway Bank & Trust Co. v. LongleySupreme Court of Connecticut · 1933
- Tate v. ClementsSupreme Court of Florida · 1878
- Beardsley v. HallSupreme Court of Connecticut · 1869
- Bergman v. BlyCourt of Appeals for the Eighth Circuit · 1895