Laforge v. Jayne
Supreme Court of Pennsylvania
In error from the Common Pleas of Monroe. Dee. 19. Assumpsit on the following instrument: — • “ Borrowed and received of J. Laforge one hundred and seventy-two dollars eighty-eight cents, in Pike county checks, which I promise to return on demand. Witness my hand, January 7, 1824. 1172.88. ■ D. Jayne.” Plea, the statute of limitations.
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In error from the Common Pleas of Monroe. Dee. 19. Assumpsit on the following instrument: — • “ Borrowed and received of J. Laforge one hundred and seventy-two dollars eighty-eight cents, in Pike county checks, which I promise to return on demand. Witness my hand, January 7, 1824. 1172.88. ■ D. Jayne.” Plea, the statute of limitations. The plaintiff proved that within six years before action brought a demand was made, when defendant admitted the note, and said he would not plead the statute, and it should be paid. But the witness added that defendant said it would be paid when he was able;…
1Opinion of the CourtCoulter, J.
The writing or note on which the suit is founded, bears date the 7th day of January, 1824, and the suit was instituted on the 14th day of February, 1843, nineteen years after the instrument was executed. The statute of limitations, which was pleaded by the defendant, is of course a bar, unless there is something in the .terms of the contract, or some acknowledgment by the defendant was sufficient to rescue the case from its operation.
It was contended by the plaintiff below, who is plaintiff in error, that it was an engagement to deliver personal property (Pike county checks, as they are…
2Cases cited3 opinions
- Wetzell v. BussardSupreme Court of the United States · 1826
- Tompkins v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gilkyson v. LarueSupreme Court of Pennsylvania · 1843
3Cited by6 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- Swearingen v. Sewickley Dairy Co.Supreme Court of Pennsylvania · 1901
- Fix's EstateSuperior Court of Pennsylvania · 1940
- Guffey v. Gulf Production Co.Court of Appeals for the Third Circuit · 1927
1 more not listed; retrieve them via the Exa API.