Nolden v. Nolden

I respectfully dissent from the majority’s conclusion that a debt barred by the statute of limitations can be revived absent intent or communication of the acknowledgement by the obligor. Contrary to the position taken by the majority, the weight of modern authority is that:

An acknowledgment or promise must be made either to the creditor or to some one acting for him, or to some third person with intent that it be known by and influence the action of the creditor, in order to take a case out of the statute of limitations.

Grass v. Eiker, 123 A.2d 613, 614 (D.C.1956) (quoting Ernest M. Loeb Co.…