Drawbaugh v. Drawbaugh
Superior Court of Pennsylvania
Appeal, No. 58, March T., 1898, by plaintiff, from judgment of C. P. Cumberland Co., on verdict for defendant. Assumpsit. Before E. W. Biddle, P. J. It appears from the evidence that plaintiff claimed a balance of $397.81 alleged to be due the decedent by defendant for services rendered. The defendant pleaded non assumpsit infra sex annos. The question turned on the sufficiency of plaintiff’s testimony to remove the bar of'the statute of limitations.
Read the full summary
Appeal, No. 58, March T., 1898, by plaintiff, from judgment of C. P. Cumberland Co., on verdict for defendant. Assumpsit. Before E. W. Biddle, P. J. It appears from the evidence that plaintiff claimed a balance of $397.81 alleged to be due the decedent by defendant for services rendered. The defendant pleaded non assumpsit infra sex annos. The question turned on the sufficiency of plaintiff’s testimony to remove the bar of'the statute of limitations. Other facts sufficiently appear in the opinion of the court. Verdict for defendant. Plaintiff appealed. Error assigned among others was…
1Opinion of the Court
Opinion by
Wickham, J.,
The only question raised, by the appellant, relates to the sufficiency of his own testimony to remove the bar of the statute of limitations.
After the death of John B. Drawbaugh, the plaintiff found, in a bureau that had belonged to his father, the decedent, a book containing an account for services, of some sort, rendered by the latter to the defendant. Several years later, and after a number of conversations about the account, not worthy of consideration, so far as their bearing on the question before us is concerned, the plaintiff and defendant came together to effect…
2Cases cited4 opinions
- Keener v. Zartman, Pennsylvania Court of Common Pleas, Lancaster County1891
- Kensington Bank v. PattonSupreme Court of Pennsylvania · 1850
- Lawson v. McCartneySupreme Court of Pennsylvania · 1883
- Simrell v. MillerSupreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Hazlett v. StillwagenSuperior Court of Pennsylvania · 1903
- Anthracite Trust Co. v. LoughranSupreme Court of Pennsylvania · 1941
- Goodis v. Meneses, Pennsylvania Court of Common Pleas, Delaware County1964