Willis v. Wileman
New York Supreme Court
The complaint set forth a canse of action for goods sold and delivered. The defendant Arthur Wileman interposed an answer oontaining a general denial and setting up as a defense the Statute of Limitations. The action was tried before the court without a jury.
1Opinion of the CourtScudder, J.
Upon the trial of this action the defendant Arthur Wileman relied solely upon the defense setting up the Statute of Limitations.
The statements contained in the letters of this defendant to plaintiff constitute a sufficient acknowledgment to take the case out of the Statute of Limitations. The amount or character of the debt need not be expressed, nor is an expressed promise to pay necessary. A recognition of the debt and an admission that the writer is the debtor of the person addressed are all that are necessary. Shaw v. Lambert, 14 App. Div. 265; Fletcher v. Daniels, 52 id. 67; Cudd v.…
2Cases cited2 opinions
- Sands v. St. JohnNew York Supreme Court · 1862
- Shaw v. LambertAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Hoffman v. MittlemannCity of New York Municipal Court · 1933