Richardson v. Cook
Supreme Court of Vermont
Appeal from the probate court. The declaration contained only the common counts in indebitatus assumpsit demanding $2000. Pleas, the general issue, and the statute of limitations. The pleadings resulted in a demurrer to the rejoinder.
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Appeal from the probate court. The declaration contained only the common counts in indebitatus assumpsit demanding $2000. Pleas, the general issue, and the statute of limitations. The pleadings resulted in a demurrer to the rejoinder. The question presented upon the pleadings is whether upon the trial of the issue “wore assumpsit infro sex annos” in a/ suit pending at the time the General Statutes of 1863 took effect,/an acknowledgement or promise not in writing is sufficient to take the case out of the statute of limitations. The court, at the September Term, 1864, Barrett, J., presiding,…
1Opinion of the Court
Poland, Ch. J.
This action was pending when the General Statutes came into force as laws, on the first day of August, 1863.
The defendants by the pleadings concede, that their testator within six years before his decease, made such a verbal new promise to the plaintiff’s intestate, to pay his debt to him, that by the then existing law the debt was in full force as an existing legal obligation, and an adequate legal remedy also existed by which its payment might be enforced. At the time when the pleadings were filed, and when the cause was heard and decided in the county court, the General…
2Cases cited3 opinions
- Briggs v. HubbardSupreme Court of Vermont · 1846
- Wires v. FarrSupreme Court of Vermont · 1852
- Lowry v. KeyesSupreme Court of Vermont · 1842
3Cited by11 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Davis v. RupeIndiana Supreme Court · 1888
- Judkins v. TaffeOregon Supreme Court · 1891
- Eastman v. McCartenSupreme Court of New Hampshire · 1899
- Johnson v. SmithSupreme Court of Vermont · 1905
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