Glenn v. M'Cullough
Supreme Court of South Carolina
The action was brought on a promissory note given for tobacco. The defences relied on were, that the tobacco was worthless, and the statute of limitations. The following expression of defendant was relied on to take the ease out of the statute; — {;I gave the note, but it was given for rotten tobacco and I will never pay it; but I will not plead the statute of limitations.” His honor overruled a motion for a non-suit, and under his charge, tlic jury found for plaintiff.
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The action was brought on a promissory note given for tobacco. The defences relied on were, that the tobacco was worthless, and the statute of limitations. The following expression of defendant was relied on to take the ease out of the statute; — {;I gave the note, but it was given for rotten tobacco and I will never pay it; but I will not plead the statute of limitations.” His honor overruled a motion for a non-suit, and under his charge, tlic jury found for plaintiff. A motion was now made for a non-suit— Because some promise, either express or implied, is necessary, to prevent the…
1Opinion of the Court
*486 The opinion of the court was delivered by
Mr. Justice Richardson.
It.is now well settled that an acknowledgement of a debt is sufficient to take it out of the statute of limitations, though there has been no new promise. 12 Yin. 192; 2 Sand. 64, note; 11 Johns. 146,
In the case before us, the defendant plainly acknowledged the note to be his, which takes it out of the statute; but said he would not pay it, because given for rotten tobacco, and yet that he would not plead the statute. Here then he takes upon himself the burthen of shewing a want of consideration, al’ter acknowledging the debt.…
2Cases cited2 opinions
- Danforth v. CulverNew York Supreme Court · 1814
- Dean v. PittsNew York Supreme Court · 1813