Legal Opinion

Van Swearingen v. Harris

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 9 opinions

ERROR to the Common Pleas of Juniata county. ■This was an action of debt upon a book account by Andrew Parker & John Milliken, administrators of Thomas Harris, deceased, against Evan Van Swearingen. The defendant pleaded non assumpsit, non assumpsit infra sex annos, and payment, &c. The plaintiffs produced the books of their intestate and called John Milliken sworn.

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ERROR to the Common Pleas of Juniata county. ■This was an action of debt upon a book account by Andrew Parker & John Milliken, administrators of Thomas Harris, deceased, against Evan Van Swearingen. The defendant pleaded non assumpsit, non assumpsit infra sex annos, and payment, &c. The plaintiffs produced the books of their intestate and called John Milliken sworn. I believe these are Thomas Harris’s books of original entries—all in his own hand-writing—they are the only books that came into our hands as administrators. Cross-examined. I saw these books in Harris’s lifetime—they were…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

When there are mutual demands, if any item of such account be within six years before the commencement of the suit, such item is deemed equivalent to a subsequent promise reviving the debt. This was first decided in Catling v. Skoulding, (6 T. R. 189) and has been repeatedly recognised since, as the cases cited abundantly show. It takes the case out of the statute, and it is immaterial whether the parties are merchants or not, as it goes on the ground of implied promise.

The administrators, who were examined without objection, proved the books…

2Cited by9 opinions

  1. Engemann v. Colonial Trust Co.Supreme Court of Pennsylvania · 1954
  2. Hoover v. GehrSupreme Court of Pennsylvania · 1869
  3. McFarland v. O'NeilSupreme Court of Pennsylvania · 1893
  4. McKelvy's AppealSupreme Court of Pennsylvania · 1873
  5. Foster, Exr. v. WehrSuperior Court of Pennsylvania · 1934

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