Hazlett v. Stillwagen
Superior Court of Pennsylvania
Appeal, No. 24, April T., 1903, by defendant, from order of G. P. No. 2, Allegheny Co., April T., 1899, No. 156. Making absolute rule for judgment for want of a sufficient affidavit of defense in case of Samuel Hazlett to use of L. McCarrelland S. Hazlett Jr., Assignees for Creditors of Samuel Hazlett, v. W. C. Stillwagen. Assumpsit on a promissory note.
Read the full summary
Appeal, No. 24, April T., 1903, by defendant, from order of G. P. No. 2, Allegheny Co., April T., 1899, No. 156. Making absolute rule for judgment for want of a sufficient affidavit of defense in case of Samuel Hazlett to use of L. McCarrelland S. Hazlett Jr., Assignees for Creditors of Samuel Hazlett, v. W. C. Stillwagen. Assumpsit on a promissory note. From the record it appeared that the action was brought on a promissory note for $252.83, dated April 22,1890. Suit was begun in 1899. On October 25, 1895, the attorneys for S. Hazlett wrote to defendant asking him for payment of the note. On…
1Opinion of the Court
Opinion by
Rice, P. J.,
A debt barred by the statute of limitations is still a debt though the remedy upon it be suspended or gone. Its force as an existing obligation, even though only moral, is such that a promise to pay is binding without other consideration: Woods v. Irwin, 141 Pa. 278. A new promise within six years is of equal validity in giving a new starting point for the statutory limitation, but in Pennsylvania the action is upon the original *117undertaking: Yaw v. Kerr, 47 Pa. 333. The new promise need not be express. “ A clear, distinct and unequivocal acknowledgment of a debt is…
2Cases cited11 opinions
- Palmer v. GillespieSupreme Court of Pennsylvania · 1880
- Woods v. IrwinSupreme Court of Pennsylvania · 1891
- Burr v. BurrSupreme Court of Pennsylvania · 1856
- Keener v. Zartman, Pennsylvania Court of Common Pleas, Lancaster County1891
- Lowrey v. RobinsonSupreme Court of Pennsylvania · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mitchell, Receiver of the Liberty Clay Products Co.Supreme Court of Pennsylvania · 1927
- Fix's EstateSuperior Court of Pennsylvania · 1940
- Miller v. Jannetta (In re Irwin)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- Estate of Catherine O'brien, Dec'd.Superior Court of Pennsylvania · 1931
- Edsall v. ReynardSuperior Court of Pennsylvania · 1909
4 more not listed; retrieve them via the Exa API.