Powers v. Southgate
Supreme Court of Vermont
This was an action of book account,- appealed from á justice of the peace. Upon its entry in the county court, a judgment to account was rendered, and an auditor appointed.
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This was an action of book account,- appealed from á justice of the peace. Upon its entry in the county court, a judgment to account was rendered, and an auditor appointed. It appeared, from the auditor’s report, that the plaintiff exhibited an account against the defendants for medical services rendered to the wife of said Southgate, when sole, more than six years before the bringing of the suit; that the defendants plead the statute of limitations, to which the plaintiff replied a promise by the said James Southgate, within six years and after the marriage, to pay the amount of the account;…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The question presented for our consideration is, whether the declaration of Southgate to the-agent of •the plaintiff, that he would see the amount paid, removed the statute bar, which had then run upon the account. To enable the plaintiff to--recover in this action, the bar must be removed, both as to husband and wife. In Whitcomb v. Whitney, Doug. R. 651, it was held, that the admission of one of two joint and several promisors, took the case out of the statute as to both. Though the soundness of this case has been frequently questioned,…
2Cited by4 opinions
- McGill v. CockrellSupreme Court of Florida · 1921
- Farrar v. BesseySupreme Court of Vermont · 1852
- Ridgway v. Executors of EnglishSupreme Court of New Jersey · 1850
- Burnett Bros. v. HelburnCourt of Appeals of Kentucky (pre-1976) · 1935