Lord v. Shaler
Supreme Court of Connecticut
THIS was an action of debt on book, commenced March 13th, 1815. The accounts were referred to auditors for adjustment ; who reported a balance in favour of the plaintiffs of 2102 dollars, 67 cents.
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THIS was an action of debt on book, commenced March 13th, 1815. The accounts were referred to auditors for adjustment ; who reported a balance in favour of the plaintiffs of 2102 dollars, 67 cents. Against the acceptance of this report the defendant remonstrated, stating that all the articles charged in the plaintiffs’ account were sold, delivered and charged, before 1808,—more than six years before the commencement of the suit; and that the auditors admitted as evidence the acknowledgments of the defendant, made to the plaintiffs, one year before the commencement of the suit; and, on such…
1Opinion of the Court
Hosmer, Ch. J.
The law of limitation has taken effect, unless the acknowledgment of the debt has removed it from the way. The principle applicable to this subject has been correctly stated by C. J. Marshall, in Clementson v. Williams, 8 Cranch 74. “ It has frequently been decided,” (said he) “ that an acknowledgment of a debt, barred by the statute of limitations, takes the case out of the statute, and revives the original cause of action. It is not sufficient to take the case out of the act, that the claim should be proved, or be acknowledged to have been originally just; the acknowledgment…
2Cases cited3 opinions
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Fiske v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1814
- Gates v. BrattleConnecticut Superior Court · 1790
3Cited by14 opinions
- Bound v. LathropSupreme Court of Connecticut · 1822
- Boyd v. HurlbutSupreme Court of Missouri · 1867
- De Forest v. HuntSupreme Court of Connecticut · 1830
- Bergman v. BlyCourt of Appeals for the Eighth Circuit · 1895
- Hart's Appeal from ProbateSupreme Court of Connecticut · 1865
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