Landis v. Roth
Supreme Court of Pennsylvania
Error to the Court of Common Picas of Montgomery county: Of January Term 1885, No. 254. Assumpsit, brought March 21st, 1879, by Peter Roth against Joseph Landis and Henry Landis upon a promissory note dated November 27th, 1867. Plea, non-assumpsit infra sex annos.
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Error to the Court of Common Picas of Montgomery county: Of January Term 1885, No. 254. Assumpsit, brought March 21st, 1879, by Peter Roth against Joseph Landis and Henry Landis upon a promissory note dated November 27th, 1867. Plea, non-assumpsit infra sex annos. On the trial, before Boyer, P. J., the following facts appeared : The plaintiff sold Joseph Landis, one of the defendants, a farm, for the unpaid purchase-money of which, he with his father Henry Landis, the other defendant, gave the note in suit. Joseph Landis paid the interest on the note up to April 1st, 1872. Henry Landis paid…
1Opinion of the CourtJustice Paxson
The only question in this ease is, whether there was a sufficient acknowledgment of the debt to take it out of the Statute of Limitations. The testimony relied upon for that purpose was that of the plaintiff below. He said : “ When I got to Henry Landis, I said, I come for money, and he said, 1 will pay you six hundred dollars iu thirty days on the note (this note,)I will pay you the rest as quick as I can, but you must not be too hard on me......The old lady, Mrs. Henry Landis, spoke up saying, Roth, we will pay you every dollar if we have to pay it out of our pocket. Henry said, yes we will…
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