Bumgardner v. Taylor
Supreme Court of Alabama
Appeal from the'Circuit Court of Benton. Tried before the Hon. Thomas A. Waleeb. This action was brought by the appellant, and was founded on two promissory notes. The defendant pleaded the statute of limitations of sis years, to which the plaintiff replied a subsequent promise; and the defendant rejoined, that said subsequent promise, if any was made, was made on Sunday, and was therefore void.
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Appeal from the'Circuit Court of Benton. Tried before the Hon. Thomas A. Waleeb. This action was brought by the appellant, and was founded on two promissory notes. The defendant pleaded the statute of limitations of sis years, to which the plaintiff replied a subsequent promise; and the defendant rejoined, that said subsequent promise, if any was made, was made on Sunday, and was therefore void. The evidence adduced on the trial, in proof of the subsequent promise relied on, consisted of the defendant’s admission of the justness of the debt, and a promise to pay it by hauling cotton for…
1Opinion of the CourtWalker, J.
The only question in this case, which it is necessary for us to notice, is whether a promise made on Sunday will take a contract out of the statute of limitations. So far as this question is concerned, there is no distinction between a promise made in the words of the party, and the promise which is inferred from a distinct admission of the justness of a debt, and a liability to pay it. It would be unreasonable, to place the promise inferred from an admission, upon a more favorable footing for the creditor than a promise distinctly and designedly made. In the case of Hussey v. Roquemore, 27…
2Cases cited1 opinion
- Hussey v. RoquemoreSupreme Court of Alabama · 1855
3Cited by6 opinions
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Flanagan v. Meyer & Co.Supreme Court of Alabama · 1867
- Clapp v. HaleMassachusetts Supreme Judicial Court · 1873
- Evans v. KittrellSupreme Court of Alabama · 1859
- Thomas v. HunterCourt of Appeals of Maryland · 1868
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