Thomas v. Carey
Supreme Court of Colorado
Appeal from the District Court of El Paso County. June 18, 1896, appellee, as plaintiff, commenced this action to recover from appellant, as defendant, upon four causes of action, as follows: 1. Balance for the reasonable value of services rendered between the 1st day of March, 1885, and the 11th day of August, 1895. 2. Balance for the reasonable value of board, lodging, washing and mending of clothing, furnished and performed between the 1st day of January, 1880, and the…
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Appeal from the District Court of El Paso County. June 18, 1896, appellee, as plaintiff, commenced this action to recover from appellant, as defendant, upon four causes of action, as follows: 1. Balance for the reasonable value of services rendered between the 1st day of March, 1885, and the 11th day of August, 1895. 2. Balance for the reasonable value of board, lodging, washing and mending of clothing, furnished and performed between the 1st day of January, 1880, and the 1st day of March, 1885. This indebtedness she alleges appellant has repeatedly acknowledged and promised to pay her,…
1Opinion of the CourtJustice Gabbert
*488From the complaint it appears that the second-cause'of action was barred by the statute of limitations, unless, an action could be maintained thereon upon a promise of appellant which would remove the bar. He had pleaded the statute as a defense to this cause of action, and also to the third. As to the latter, it appears in so far as the evidence relates-to money loaned with a sufficient degree of certainty as to amount which would justify its consideration, that it is also barred by the statute, unless revived by the promise of appellant. This was the view entertained by the trial judge, and…
2Cases cited12 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Perot v. CooperSupreme Court of Colorado · 1891
- Burlington & Colorado R. R. v. LieheSupreme Court of Colorado · 1892
- Adams v. TuckerColorado Court of Appeals · 1895
- Deep Mining & Drainage Co. v. FitzgeraldSupreme Court of Colorado · 1895
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3Cited by25 opinions
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- Van Diest v. TowleSupreme Court of Colorado · 1947
- John W. Masury & Son v. Bisbee Lumber Co.Arizona Supreme Court · 1937
- Gelfand v. PeopleSupreme Court of Colorado · 1978
- Holmquist v. GilbertSupreme Court of Colorado · 1907
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