Wilcox v. Clarke

This is assumpsit on book account to recover money claimed to be due the plaintiff for fees as a deputy sheriff for the service of writs at the request of the defendant’s intestate. The defendant pleaded besidés .the general issue the statute of limitations ; to which ■ the plaintiff replied a new promise. At the trial the plaintiff put in testimony that the ■ defendant’s intestate had within five years previously promised the plaintiff to “pay him something on account in a few days, if he would wait for him.” The court, on motion of the defendant, granted a nonsuit. The defendant excepted to…