Morgan's Administrators v. Walton
Supreme Court of Pennsylvania
In error from the Common Pleas of Monroe county. Dec. 22. Assumpsit on a book account, to which defendant pleaded the general issue and the statute of limitations.
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In error from the Common Pleas of Monroe county. Dec. 22. Assumpsit on a book account, to which defendant pleaded the general issue and the statute of limitations. The plaintiff proved the account for medical attendance; the charges commenced June 1, 1828, and continued through that and the following years, up to 1834, amounting to $>13 55; the charges in 1832 and 1833, amounted to $7 50. The action having been commenced in July, 1844, the pláintiff, -to avoid the plea of the statute, called his son, who stated that in the fall of 1838, he had had a conversation with the defendant, ^nd asked…
1Opinion of the CourtCoulter, J.
In the case of Gilkyson v. Larue, 6 Watts & Serg. 213,-the court, in delivering judgment, say, «the acknowledgment of a debt is evidence of a promise,” but it ought to be plain, unambiguous, express, and so distinct and palpable in its extent and form as to preclude hesitation. By the terms of the act of Assembly, of the 27th of March, 1713, entitled « an act for limitations of actions,” the remedy on the cause of action, in actions upon the case, is taken away in six years after the cause of such action or suit has accrued, if the defendant chooses to avail himself of the statutory…
2Cases cited1 opinion
- Gilkyson v. LarueSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- Spangler v. SpanglerSupreme Court of Pennsylvania · 1888