Brown v. Latham
Supreme Court of New Hampshire
• Assumpsit, on a note made by the defendant in September, 1862, payable to the plaintiff, on demand, with interest. Suit brought in August, 1875. There is a plea of the statute of limitations, and a replication of a new promise within' six years.
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• Assumpsit, on a note made by the defendant in September, 1862, payable to the plaintiff, on demand, with interest. Suit brought in August, 1875. There is a plea of the statute of limitations, and a replication of a new promise within' six years. The plaintiff’s evidence tended to show, that when the defendant gave the note he placed in the plaintiff’s hands certain notes, accounts, and chattels, as collateral security, and authorized him to collect the notes and accounts, and sell the chattels, and apply the proceeds upon the note ; that the plaintiff collected some of the notes and…
1Opinion of the CourtStanley, J.
The issue is on the replication of a new promise by the defendant within six years from the date of the writ. Such promise need not be express ; it may be implied. The inference that the defendant, within six years prior to the date of the writ, made such new promise, may be drawn from such declarations made, or acts done (including silence under some circumstances), at a particular time within the six years, as show his acknowledgment at that time that the debt was unpaid; that he was liable to pay it, and that he was then willing to pay it. Mere payment is not such an acknowledgment. It…
2Cases cited10 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Harper v. . FairleyNew York Court of Appeals · 1873
- United States v. WilderSupreme Court of the United States · 1872
- Smith v. . RyanNew York Court of Appeals · 1876
- Pickett v. . LeonardNew York Court of Appeals · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Zaks v. ElliottCourt of Appeals for the Fourth Circuit · 1939
- Merrimack River Savings Bank v. HigginsSupreme Court of New Hampshire · 1937
- Henry R. Guild, Jr. v. Meredith Village Savings BankCourt of Appeals for the First Circuit · 1980
- Barker v. HeathSupreme Court of New Hampshire · 1907
- Ditmars v. Camden Trust Co.New Jersey Superior Court Appellate Division · 1950
3 more not listed; retrieve them via the Exa API.