Metropolitan Casualty Ins. Co. of New York v. Davis

TIREY, Justice.

This is a suit for debt. Plaintiff alleged that a letter dated September 24, 1938, written and signed by defendant to plaintiff, constituted a sufficient acknowledgment of the existence of the debt under Article 5539, Revised Civil Statutes, to authorize a promise to be implied that defendant would pay his debt to it. The trial court sustained defendant’s special exceptions 1 and 2 to the plaintiff’s original petition, which exceptions were to the effect that the letter of September 24, 1938 was not an acknowledgment of the debt as required by the provisions of Article 5539,…