Duffie v. Phillips
Supreme Court of Alabama
Appeal from tbe Circuit Court of 'Russell. Tried before tbe Hon. C. W. Rapier. This action was brought by Solomon Phillips against Thomas Dufiie, and was commenced on the 18th February, 1856. The complaint claimed of the defendant “ the sum of $890, with interest thereon, due by thirteen promissory notes, made by him on the 18th January, 1840, in the sum of $30 each; also, the further sum of $3 24, due by promissory note, made by him on the 80th January, 1840, and payable on…
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Appeal from tbe Circuit Court of 'Russell. Tried before tbe Hon. C. W. Rapier. This action was brought by Solomon Phillips against Thomas Dufiie, and was commenced on the 18th February, 1856. The complaint claimed of the defendant “ the sum of $890, with interest thereon, due by thirteen promissory notes, made by him on the 18th January, 1840, in the sum of $30 each; also, the further sum of $3 24, due by promissory note, made by him on the 80th January, 1840, and payable on the 25th December, 1840, with interest thereon.” The defendant pleaded, among' other things, the statute of limitations…
1Opinion of the CourtBice, C. J.
— A recovery for a demand barred by the statute of limitations, or by a discharge in bankruptcy, “ is always upon a new cause of action ; although this is not apparent, where the declaration is in debt or assump-sit, on an executed consideration, because the form of pleading is so general, as to admit of any proof which shows an obligation, founded on the consideration, and between the parties, set forth in the declaration.” Although the old debt is revived by an express promise to pay it, yet there is a new cause of action. An express promise to pay only a part of the old debt will not…
2Cited by5 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- East v. PaceSupreme Court of Alabama · 1877
- Benjamin v. StateAlabama Court of Appeals · 1915
- Hannah v. HawkinsTennessee Supreme Court · 1880
- Phillips v. PippinAlabama Court of Appeals · 1912