Mask v. Philler

HáNdy, J.,

delivered the opinion of the court.

This was an action upon an open account, to which the defendants, among other things, pleaded the Statute of Limitations, and the plaintiff replied a new promise.

The evidence was in substance, that the account was presented to the defendant, Harrison, in 1853, who stated that “he thought it had all been paid, but a small amount” — that “he did not know exactly how the matter stood, as his co-partner Mask had had the management of it and held the receipts; but that he did not think there was more than a few dollars due on it,” — that in the same…