Paddock v. Colby
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, that the account presented by the plaintiff against the defendants was for his services as'eounsellor at law, in a suit in favor of the defendant against third persons, rendered in the year 1833, and that the defendants relied, before him, upon the statute of limitations, as a defence to the action.
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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported, that the account presented by the plaintiff against the defendants was for his services as'eounsellor at law, in a suit in favor of the defendant against third persons, rendered in the year 1833, and that the defendants relied, before him, upon the statute of limitations, as a defence to the action. And upon this point the auditor reported, that the defendant Colby, within six years before the commencement of this action, wrote to the plaintiff a letter, in reference to the plaintiff's claim, in which…
1Opinion of the Court
*488The opinion of the court was delivered by
Williams, Ch. J.
The statute of limitations is no bar to the recovery of the plaintiff in this case. The letter of Colby and his remark to the officer, who served the writ, were a waiver of any defence under the statute. Although he does not admit an indebtedness, yet, if the fact of indebtedness be established, he expresses his willingness to settle and adjust the same.
The other question presented is one of more difficulty and importance, both as a practical question in its operation on attornies gen-generally and as to its application to the case…
2Cases cited1 opinion
- Briggs v. Town of GeorgiaSupreme Court of Vermont · 1838
3Cited by14 opinions
- Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
- Porter v. ElizaldeCalifornia Supreme Court · 1899
- Jordan v. JordanTennessee Supreme Court · 1887
- Seeley v. HuntCourt of Appeals for the Fifth Circuit · 1940
- Brown v. UnderhillIndiana Court of Appeals · 1892
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