Buckingham v. Smith
Supreme Court of Connecticut
This was an action in favor of Benjamin Buckingham against John C. Smith, administrator on the estate of Perry Smith, deceased, founded upon a promissory note, executed by said Perry Smith in his life-time. The defendant pleaded the statute of limitations. On the trial, the execution of the note by the deceased was proved, but the defendant relied upon the statute of limitations, and the plaintiff upon the new promise set up in his replication.
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This was an action in favor of Benjamin Buckingham against John C. Smith, administrator on the estate of Perry Smith, deceased, founded upon a promissory note, executed by said Perry Smith in his life-time. The defendant pleaded the statute of limitations. On the trial, the execution of the note by the deceased was proved, but the defendant relied upon the statute of limitations, and the plaintiff upon the new promise set up in his replication. A witness for the plaintiff testified that, in 1837, the deceased admitted that he owed the plaintiff a large sum of money, and said he wanted to…
1Opinion of the CourtStorrs, J.
The principle, on which the defendant relies fora new trial, is a well settled and familiar one; that an absolute acknowledgment of a debt as subsisting, is sufficient to raise an implication of a promise to pay it, so as to take the case out of the statute of limitations. But the very statement of this principle, implies that the acknowledgment must be shown to relate to the particular debt in question. The burden of proving the requisite acknowledgment rested on the plaintiff’, in this case, and the real question on the trial was, whether such an acknowledgment was shown by the declarations…
2Cited by4 opinions
- Blakeman v. FondaSupreme Court of Connecticut · 1874
- Cook v. MartinSupreme Court of Connecticut · 1860
- Cotulla v. UrbahnTexas Supreme Court · 1911
- Wilcox v. ClarkeSupreme Court of Rhode Island · 1893