Burr v. Burr
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was au action of assumpsit brought by Martha Burr against the administratrix of her deceased son, Israel R. Burr, upon a promissory note, of which the following is a copy: “Philadelphia, May 29, 1832. u “ Three hundred and sixty-five days after date, I promise to pay Martha Burr, four hundred dollars, or the interest thereof yearly, at six per cent. (Signed.) Israel R. Burr.”
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Error to the District Court of Philadelphia. This was au action of assumpsit brought by Martha Burr against the administratrix of her deceased son, Israel R. Burr, upon a promissory note, of which the following is a copy: “Philadelphia, May 29, 1832. u “ Three hundred and sixty-five days after date, I promise to pay Martha Burr, four hundred dollars, or the interest thereof yearly, at six per cent. (Signed.) Israel R. Burr.” The defendant pleaded the statute of limitations, and the principal question in the case is, whether the evidence submitted by the plaintiff was sufficient, if believed…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
The constructive acknowledgment of a debt arising from part payment within six years before suit brought, is sufficient from which to infer a promise to pay. But this inference cannot be made until the part payment is clearly established. Even where the acknowledgment is express, instead of constructive, or the promise direct, rather than inferential, no ambiguity or uncertainty in the one or the other can be tolerated. True, it was said in Hazelbaker v. Reeves, 2 Jones 264, and Davis v. Steiner, 2 Harris 275, that if the acknowledgment of the…
2Cited by18 opinions
- Maniatakis' EstateSupreme Court of Pennsylvania · 1917
- McPhilomy v. ListerSupreme Court of Pennsylvania · 1941
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Kaufmann's EstateSupreme Court of Pennsylvania · 1928
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