Will v. Marker

To avoid tbe bar of tbe statute of limitations, tbe plaintiff pleaded certain letters, wbicb were alleged to bave been written by tbe defendant concerning tbe note in suit. Tbe demurrer, of course, admitted the truth of all matters well pleaded. TJnder our statute causes of action founded on contract are revived by an admission in writing, signed by tbe party to be charged, that tbe debt is unpaid. It is not necessary, however, that this admission be an express one; it is enough if tbe writing clearly and unequivocally refers to tbe instrument in suit, and clearly admits that it is not paid.…