Weinberger v. Weidman

This is an action to foreclose a mortgage given to secure the payment of a promissory note dated March 2,1892, due one year from date. The action was commenced September 6, 1898, about eighteen months after the right of action was barred, unless there was a new promise or acknowledgment sufficient to keep the debt and the lien alive. The defense of the statute is made.

Anticipating the defense under the statute, or for the purpose of founding the action upon a new promise, the plaintiff in his complaint attempts to aver a new.promise to pay the debt, made April 16, 1897, in a letter written by…