Mitchell v. Clay
Texas Supreme Court
Error from Havarro. The appellee sued the appellant upon a bill of exchange barred by the statute of limitations, and relied on an acknowledgment in writing made within four years next before the commencement of the suit to take the case out of the operation of the statute. The writing containing the acknowledgment relied on was set out in the petition, as follows: “ Chambers Creek, 26i/i May, 1845. “To IV. Y. McFarland, Esq.
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Error from Havarro. The appellee sued the appellant upon a bill of exchange barred by the statute of limitations, and relied on an acknowledgment in writing made within four years next before the commencement of the suit to take the case out of the operation of the statute. The writing containing the acknowledgment relied on was set out in the petition, as follows: “ Chambers Creek, 26i/i May, 1845. “To IV. Y. McFarland, Esq. Dear Sir: I purpose letting Mr. Tacitus Clay liave the following-described lands, in payment of a draft I letW. MeCary have on Dr. Thomas Hunt, originally for 82,000 :…
1Opinion of the CourtWheeler, J.
It is perfectly well settled that the acknowledgment of a debt, if accompanied with a promise to pay conditionally, is of no avail, unless the condition to which the promise is subjected by the defendant is complied with or the event lias happened upon which the promise depends. (Angelí on Lira., 249.)
Where, to a demand of above six years’ standing, the party indebted, on being applied to for payment, admitted he was bound in honor and should pay “ when he was able,” Lord Kenyon ruled this to be a conditional promise, and that the plaintiff was bound to show the sufficient ability of the…
2Cited by34 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Howard Hume, Administrators, Etc. v. WindomTexas Supreme Court · 1894
- Burleson v. BurlesonTexas Supreme Court · 1866
- York v. HughesTexas Commission of Appeals · 1926
- Cannavina v. PostonWashington Supreme Court · 1942
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