Painter's Appeal
Supreme Court of Pennsylvania
October term, 1886, No. 11, W. D. Appeal from a decree of the Orphans’ Oourt of Westmoreland County allowing a claim against a decedent’s estate. Dr. Lewis Sutton, as a creditor of the estate of Colonel Israel Painter, presented his claim for allowance before the auditor who was appointed to make distribution.
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October term, 1886, No. 11, W. D. Appeal from a decree of the Orphans’ Oourt of Westmoreland County allowing a claim against a decedent’s estate. Dr. Lewis Sutton, as a creditor of the estate of Colonel Israel Painter, presented his claim for allowance before the auditor who was appointed to make distribution. Ilis claim consisted of a promissory note for $200, dated July 11, 1859, payable ten days after date, with interest, and also of an account for professional services running through a long series of years, and amounting to some $250. The note appears on its face to have been given for…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett :
It is well settled that an express promise to pay a debt barred by the statute of limitations, or such a clear, distinct, and unequivocal acknowledgment of the particular debt as is entirely consistent ivith a promise to pay it, will remove the bar of the statute; but, to be effective for that purpose, the promise, whether express or implied, must be such as to identify the debí, either in express terms or by reference to something by which its nature and amount can be definitely and certainly ascertained. Harbold v. Kuntz, 16 Pa. 210; Emerson v. Miller, 27 Pa.…
2Cases cited9 opinions
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- Palmer v. GillespieSupreme Court of Pennsylvania · 1880
- Wesner v. Stein & GreenawaltSupreme Court of Pennsylvania · 1881
- Miller v. BaschoreSupreme Court of Pennsylvania · 1877
- Lawson v. McCartneySupreme Court of Pennsylvania · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Miller v. CappelSupreme Court of Louisiana · 1884