Berghaus v. Calhoun
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Debt on promissory note. N. R. Smith, to the use of Dr Calhoun, against Charles L. Berghaus. This cause was tried upon the plea of non assumpsit infra sex annos. In order to avoid the effect of the lapse of time, the plaintiff gave in evidence by a witness, as follows: “About the 1st of April 1835, Dr Calhoun wrote me, that the defendant owed a claim for lectures, and asked me to call on him.
Read the full summary
ERROR to the common pleas of Dauphin county. Debt on promissory note. N. R. Smith, to the use of Dr Calhoun, against Charles L. Berghaus. This cause was tried upon the plea of non assumpsit infra sex annos. In order to avoid the effect of the lapse of time, the plaintiff gave in evidence by a witness, as follows: “About the 1st of April 1835, Dr Calhoun wrote me, that the defendant owed a claim for lectures, and asked me to call on him. I called, and he told me, it had been so long, he had almost forgotten the claim; said he was going to Philadelphia shortly, and he would call on Dr Calhoun…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
An acknowledgment of indebtedness, though not itself a promise, is held to be evidence of it. In this, we see a remnant of that j uchcial repugnance to the statute of limitations, which had at one time nearly abolished it. It follows neither necessarily nor naturally, that the acknowledged existence of a debt, barred only so far as regards the means of its enforcement, implies a promise to pay it; and an express promise it is not pretended to be. It is but the concession of a fact, which the plaintiff might prove as effectively by any…
2Cited by11 opinions
- McCormick v. BrownCalifornia Supreme Court · 1868
- Gillingham v. BrownMassachusetts Supreme Judicial Court · 1901
- Wilcox v. WilliamsNevada Supreme Court · 1869
- Toothaker v. City of BoulderSupreme Court of Colorado · 1889
- Thurmond v. TrammellTexas Supreme Court · 1866
6 more not listed; retrieve them via the Exa API.