McDonald v. Grey
Texas Supreme Court
Appeal from Calhoun. The case was tried before Hon. J. J. Holt, one of the district judges. The suit was upon a note for $376 89, with ten per cent, interest, with credit indorsed for $95 41. The note was barred when the suit was brought, but the plaintiff relied upon an acknowledgment of the justice of the claim in these words: “Indianola, January 31, 1860. “Mr. J. Grey. “Sir: I am willing to pay you the principal of what I owe you for the ‘Wave/ without interest.
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Appeal from Calhoun. The case was tried before Hon. J. J. Holt, one of the district judges. The suit was upon a note for $376 89, with ten per cent, interest, with credit indorsed for $95 41. The note was barred when the suit was brought, but the plaintiff relied upon an acknowledgment of the justice of the claim in these words: “Indianola, January 31, 1860. “Mr. J. Grey. “Sir: I am willing to pay you the principal of what I owe you for the ‘Wave/ without interest. I had to lay her up for one twelvemonth, as I could get. no license, which, threw me back very much. Buchell threatened to lay…
1Opinion of the CourtMoore, C. J.
It is free from all doubt that an acknowledgment which will, by its immediate effect, take a debt out of the bar of the statute of limitation, must be clear and unequivocal, and neither qualified by conditions nor limitations. (Smith v. Fly, 21 Tex., 353; 2 Pars. on Notes and Bills, 469.)
The terms upon which the debtor predicates his promise or undertaking to pay such a debt are entirely within his own option and discretion, and the creditor can only avail himself of the new promise upon the stipulations with which it is coupled by the debtor; and the burden of showing that this has been done…
2Cases cited3 opinions
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- Pool's v. RelfeSupreme Court of Alabama · 1853
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- American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
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- Day v. StateCourt of Appeals of Texas · 1972
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