Newhouse & Co. v. Redwood
Supreme Court of Alabama
Writ of error to the County Court of Mobile County. Assumpsit by Newhouse & Co. against Redwood, as the administrator de bonis non of Goodwin, on the common counts. The defendant, with other pleas, pleaded the statute of limitations, and to this the plaintiff replied, that one Wm.
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Writ of error to the County Court of Mobile County. Assumpsit by Newhouse & Co. against Redwood, as the administrator de bonis non of Goodwin, on the common counts. The defendant, with other pleas, pleaded the statute of limitations, and to this the plaintiff replied, that one Wm. S. Paine, the administrator in chief, had, within three years next before the commencement of the suit, promised, &c.„. At the trial, the proof was, that Paine was appointed administrator in chief on the 11 th January, 1841. In the year 1842, and during the time he was administrator, Paine offered the plaintiffs to…
1Opinion of the CourtGoldthwaite, J.
— The bill of exceptions presents the single question, whether an offer, by a former personal representative of the intestate, to pay the principal of the debt, subsequently sued for against the administrator de bonis non, in notes on third persons, which offer the plaintiffs refused to accept, could take the case out of the statute of limitations. The Court charged that the statute was a bar, notwithstanding such offer and refusal. The plaintiffs contend here, that this evidence should have been left to the jury, to consider its effect, and that the result of the charge was to preclude such…
2Cases cited3 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- St. John v. GarrowSupreme Court of Alabama · 1836
- Lucas v. ThoringtonSupreme Court of Alabama · 1843
3Cited by7 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Rhodes v. KingSupreme Court of Alabama · 1875
- Bates' Adm'r v. BatesSupreme Court of Alabama · 1858
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