Levy v. Gillis
Superior Court of Delaware
Action of assumpsit (No. 281, May T., 1896,) for work and labor alleged to have been performed, money loaned and goods sold and delivered by the plaintiff for the benefit of the defendant in the campaigns of 1892 and 1894 for the nomination for Sheriff of New Castle County. The amount claimed was a balance of $720.00 with interest on the several items from the time they were due.
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Action of assumpsit (No. 281, May T., 1896,) for work and labor alleged to have been performed, money loaned and goods sold and delivered by the plaintiff for the benefit of the defendant in the campaigns of 1892 and 1894 for the nomination for Sheriff of New Castle County. The amount claimed was a balance of $720.00 with interest on the several items from the time they were due. The pleas were, Non-assumpsit, Payment, Set-off, Release and Act of Rimitations, and issue was joined on said pleas. At the trial, Mr.- Cooper offered to prove by the wife of the plaintiff certain statements made by…
1Opinion of the Court
Spruancb, J:—
It has been settled in this State that in an action of assumpsit where you plead the statute of limitations, it does not require any special replication; and under the issue thus formed it is competent for the plaintiff to prove, first, the original obligation and then if it be more than three years, to prove within the three years some recognition by the defendant of the claim as a subsisting debt and of his obligation to pay it.
Newlin vs. Duncan, 1 Harr., 207.
The testimony was admitted and the defendant’s counsel excepted.
George Reed was produced on the part of the plaintiff…
2Cases cited1 opinion
- State v. HurleySuperior Court of Delaware · 1858
3Cited by3 opinions
- Superior Tube Co. v. Delaware Aircraft Industries, Inc.District Court, D. Delaware · 1945
- Gugel v. OlinWisconsin Supreme Court · 1919
- Union Homestead Ass'n v. CooilLouisiana Court of Appeal · 1907