Johns v. Lantz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Grreene county: No. 167, to October and November Term 1869. This was an action of assumpsit brought, November 27th 1866, by Samuel Johns against Mary Lantz, administrator, &c., of Andrew Lantz, deceased. The pleas were non assumpsit, non assumpsit infra sex annos, &c. Andrew Lantz owned a flouring-mill.
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Error to the Court of Common Pleas of Grreene county: No. 167, to October and November Term 1869. This was an action of assumpsit brought, November 27th 1866, by Samuel Johns against Mary Lantz, administrator, &c., of Andrew Lantz, deceased. The pleas were non assumpsit, non assumpsit infra sex annos, &c. Andrew Lantz owned a flouring-mill. The plaintiff had been his miller for about four years, he was to have one-third of the tolls, and Lantz was to take Johns’s share of the tolls and pay him for them; the last item of the account was dated April 3d 1854. The plaintiff read the deposition of…
1Opinion of the Court
*326The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
The decisions of this court apply very strict rules to acknowledgments to take a case out of the Statute of Limitations, and very rightly so. We mean to adhere to them in letter and spirit. The present state of the law was well summed up by our brother Agnew in one of the latest: “ In order to take a case out of the operation of the statute, the acknowledgment of the debt must be clear, distinct and unequivocal. It must be so distinct and palpable in its extent and form as to preclude hesitation. A naked admission of…
2Cases cited1 opinion
- Gilkyson v. LarueSupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Dick v. Daylight Garage, Inc.Supreme Court of Pennsylvania · 1939
- Peters's EstateSuperior Court of Pennsylvania · 1902
- Chichester v. BetzSuperior Court of Pennsylvania · 1942