Grosch v. Trexler
Superior Court of Pennsylvania
Appeal, No. 235, Oct. T., 1916, by defendant, from judgment of C. P. Lehigh Co., Sept. T., 1915, No. 63, on verdict for plaintiff in case of John A. Grosch v. D. D: Trexler. Assumpsit for work and labor. Before Groman, P. J. At the trial the court admitted under objection and exception a time book offered to corroborate oral testimony as to work and labor done.
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Appeal, No. 235, Oct. T., 1916, by defendant, from judgment of C. P. Lehigh Co., Sept. T., 1915, No. 63, on verdict for plaintiff in case of John A. Grosch v. D. D: Trexler. Assumpsit for work and labor. Before Groman, P. J. At the trial the court admitted under objection and exception a time book offered to corroborate oral testimony as to work and labor done. (3) The defendant offered in evidence various checks which would have liquidated.plaintiff’s bill for work and labor. Under objection and exception the plaintiff was permitted to use memorandum slips to refresh his memory in order to…
1Opinion of the Court
Opinion by
Kephart, J.,
Plaintiff sued to recover on a contract for proving coal on a tract of land in which the defendant was interested.' The defendant set up the plea of the statute of limitations, which was met by proof that a payment on account of the claim had been made within six years of the time suit was instituted. The major portion of the claim was for services prior to the period of payment, and without the six years, but a payment within six years would toll the running of the statute. There can be no more unequivocal acknowledgment of a present existing debt than payment on…
2Cases cited3 opinions
- Barclay's AppealSupreme Court of Pennsylvania · 1870
- Mellott v. MellottSuperior Court of Pennsylvania · 1914
- Tyers v. KuhnSuperior Court of Pennsylvania · 1912
3Cited by1 opinion
- United States v. RoseDistrict Court, M.D. Pennsylvania · 1953