Kent's Adm'rs v. Wilkinson
Court of Appeals of Maryland
Appeal from Calvert County Court. The appellee on the 4th of April, 1831, sued the appellants, James Kent and Daniel Kent, as admr’s of Daniel Kent, in Assumpsit, to recover the value of certain services rendered to their intestate in his life-time, in August, 1827. The defendant pleaded non assumpsit, and limitations.
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Appeal from Calvert County Court. The appellee on the 4th of April, 1831, sued the appellants, James Kent and Daniel Kent, as admr’s of Daniel Kent, in Assumpsit, to recover the value of certain services rendered to their intestate in his life-time, in August, 1827. The defendant pleaded non assumpsit, and limitations. At the trial the plaintiff proved, that some time in the spring of 1830, the witness called on James Kent, one of the administrators of Daniel Kent, and presented him the account, on which this action is brought, and asked for payment thereof. The administrator observed he…
1Opinion of the CourtMartin, J.
The evidence contained in the bill of exceptions, in this case, is not sufficient to take it out of the statute of limitations. It is not an acknowledgment of a subsisting debt, nor an unqualified promise to pay it. At most, it is only a promise to pay if the plaintiff prove the debt to be correct; or in substance, prove the debt, and I will pay it; accompanied with a declaration that he believed the debt was paid.
It was incumbent on the plaintiff to prove the debt, before he could avail himself of the promise, in the manner he has attempted to do in this cause. Oliver vs. Gray, 1 Harr. and…
2Cited by1 opinion
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