Carothers v. Hurley

The only question in this case arises upon the defence of the statute of limitations. The bill single sued on felj due in 1842, and the action was brought in November, 1857. To obviate the defence arising from the lapse of time, the plaintiff averred in pleading, and proved in evidence, that about three years before the suit was commenced, the very claim sued on was presented to the defendant’s testator, and was by him acknowleged to be due and unpaid, and that he promised to pay it. This acknowledgment was not in writing; and the question is, whether, in an action instituted since, the…