Thomas v. Sweeney
Superior Court of Pennsylvania
Appeal, No. 163, Oct. T., 1920, by defendant, from judgment of C. P. No. 4, Pbila. Co., June T., 1918, No. 3834, on verdict for plaintiff in tbe case of Charles W. Thomas v. Miriam Townsend Sweeney, executrix of the estate of Fanny D. Sweeney, late trading as Decorative Glass Company, F. D. Sweeney, proprietor. Assumpsit for money loaned. Before Audenried, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,309.66 and. judgment thereon.
Read the full summary
Appeal, No. 163, Oct. T., 1920, by defendant, from judgment of C. P. No. 4, Pbila. Co., June T., 1918, No. 3834, on verdict for plaintiff in tbe case of Charles W. Thomas v. Miriam Townsend Sweeney, executrix of the estate of Fanny D. Sweeney, late trading as Decorative Glass Company, F. D. Sweeney, proprietor. Assumpsit for money loaned. Before Audenried, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,309.66 and. judgment thereon. Defendant appealed. Error assigned was refusal of defendant’s motion for judgment non obstante veredicto. The claim was…
1Opinion of the Court
Opinion by
Trexler, J.,
Was the debt in question sufficiently acknowledged by the defendant, so as to toll the statute of limitations?
A clear, distinct and unequivocal acknowledgment of a debt as an existing obligation such as is consistent with the promise to pay is sufficient to toll the statute. There must, however, be no uncertainty either in the acknowledgment or in the identification of the debt, and the acknowledgment must be plainly referable to the very debt upon which the action is based, and must be consistent with the terms to pay on demand and not accompanied by other expressions…
2Cases cited1 opinion
- Maniatakis' EstateSupreme Court of Pennsylvania · 1917
3Cited by4 opinions
- Fix's EstateSuperior Court of Pennsylvania · 1940
- Cappuccio's EstateSuperior Court of Pennsylvania · 1935
- McKelvey v. Ligonier TownshipSuperior Court of Pennsylvania · 1937
- Osborne v. Ridgebury Township, Pennsylvania Court of Common Pleas, Bradford County1939