Wheelock, Son & Co. v. Doolittle
Supreme Court of Vermont
Indebitatus Assumpsit for goods sold and delivered. The defendant Mann was dismissed from the case, without costs, upon his plea of a discharge in bankruptcy. The other defendants pleaded the general issue and the statute of limitations; but the only question made in the case was in reference to the latter plea, to which the plaintiffs replied a new promise. Trial by jury, — Redfield, J., presiding.
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Indebitatus Assumpsit for goods sold and delivered. The defendant Mann was dismissed from the case, without costs, upon his plea of a discharge in bankruptcy. The other defendants pleaded the general issue and the statute of limitations; but the only question made in the case was in reference to the latter plea, to which the plaintiffs replied a new promise. Trial by jury, — Redfield, J., presiding. On trial the plaintiffs gave in evidence a written contract for a stage coach and sleigh, to recover for making which this action was brought, which contract was signed by the defendants, and gave…
1Opinion of the Court
The opinion of the court was delivered by
Wiilliams, Ch. J.
It cannot be necessary, that we should periodically review the decisions made in different states on the subject of the statute of limitations. There may have been some inconsistencies in the early decisions, in admitting too slight evidence to take a debt out of the operation of the statute; and there have been some inconsistencies, as manifest, in endeavoring to restrict those decisions. The rule, which we have established, is this, — there must be an acknowledgment of a subsisting debt and a willingness to pay it, or at least no…
2Cases cited2 opinions
- R. Patterson v. W. ChoateNew York Supreme Court · 1831
- Joslyn v. SmithSupreme Court of Vermont · 1841
3Cited by6 opinions
- Engmann v. Estate of ImmelWisconsin Supreme Court · 1884
- Steele v. SouderSupreme Court of Kansas · 1878
- Cowhick v. ShingleWyoming Supreme Court · 1894
- Mills v. HydeSupreme Court of Vermont · 1846
- Mix v. ShattuckSupreme Court of Vermont · 1878
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