Blakeman v. Fonda
Supreme Court of Connecticut
Assumpsit, for goods sold; brought to the Court of Common Pleas of New Haven County, and tried on the general issue, closed to the court, with notice of the statute of limitations, before Robinson, J. The court found the following facts:— The debt for which suit was brought was the only debt ever due from the defendant to the plaintiff, and was- incurred more than six years before the commencement of the suit; and the defendant had resided in the state for six.years or more…
Read the full summary
Assumpsit, for goods sold; brought to the Court of Common Pleas of New Haven County, and tried on the general issue, closed to the court, with notice of the statute of limitations, before Robinson, J. The court found the following facts:— The debt for which suit was brought was the only debt ever due from the defendant to the plaintiff, and was- incurred more than six years before the commencement of the suit; and the defendant had resided in the state for six.years or more last before the commencement of the suit., The new promise relied on by the plaintiff to-remove the bar of the statute…
1Opinion of the CourtCarpenter, J.
The argument of the defendant’s counsel assumes that an express promise to pay a debt is essential to remove the bar of the statute of limitations. But this is not *565so. If there is an unequivocal acknowledgment of an existing indebtedness, it is sufficient, as the law implies a promise to pay it. Buckingham v. Smith, 23 Conn., 453. The language of the defendant as stated in the record evinces an unmistakable intention to waive the benefit of the statute. There is not only an acknowledgment of the existence of the debt, but there is an express promise to pay some part of it at a time named. His…
2Cases cited4 opinions
- Brown v. KeachSupreme Court of Connecticut · 1855
- Cook v. MartinSupreme Court of Connecticut · 1860
- Buckingham v. SmithSupreme Court of Connecticut · 1855
- Lee v. WyseSupreme Court of Connecticut · 1868
3Cited by9 opinions
- Deep River National Bank's Appeal From CommissionersSupreme Court of Connecticut · 1900
- Browne v. FrenchCourt of Appeals of Texas · 1893
- Norton v. ShepardSupreme Court of Connecticut · 1880
- Wells v. CarsonSupreme Court of Connecticut · 1953
- Sundling v. WilleySouth Dakota Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.