Graham v. Keys
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of assumpsit. Plea, Non assumpsit infra sex annos. On the trial, the plaintiff gave in evidence the following receipt, or certificate:— “ October, 28, 1844. — There remains in the hands of Hugh Graham six hundred and eighty-three dollars, a balance of twelve hundred and twenty-three dollars, that I collected for Andrew Keys. . “ Hugh Graham.”
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Error to the Common Pleas of Fayette county. This was an action of assumpsit. Plea, Non assumpsit infra sex annos. On the trial, the plaintiff gave in evidence the following receipt, or certificate:— “ October, 28, 1844. — There remains in the hands of Hugh Graham six hundred and eighty-three dollars, a balance of twelve hundred and twenty-three dollars, that I collected for Andrew Keys. . “ Hugh Graham.” On the back of which was the following endorsement:— “ Also, the same day, received in gold from said Keys, one hundred and fifty-five dollars. “Hugh Graham.” For the recovery of which $155…
1Opinion of the Court
The opinion of the court was delivered,
by Knox, J.
A promise to pay a debt barred by the statute of limitations may be inferred from a distinct admission of indebtedness unaccompanied by anything which negatives the promise. *191But where the admission is accompanied by an express declaration that the debtor will not pay, the bar of the statute is not removed. In the present case the suit was brought to recover money loaned in October, 1844. In January, 1858, the defendant admitted that he owed the money, and said he would pay the principal, but would pay no interest. The plaintiff claimed both…
2Cited by6 opinions
- Philadelphia v. Holmes Electric Protective Co.Supreme Court of Pennsylvania · 1939
- McDonald v. GreyTexas Supreme Court · 1867
- Foringer v. SissonSuperior Court of Pennsylvania · 1900
- Estate of Catherine O'brien, Dec'd.Superior Court of Pennsylvania · 1931
- Philadelphia v. Holmes Electric Protective Co., Pennsylvania Court of Common Pleas, Philadelphia County1938
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