Stanton v. Stanton
Superior Court of New Hampshire
Jl. was sued upon a note of hand and pleaded the statute of limitations. It was proved that he made the no*c and that the same had been presented to him within six years, when he said, -‘that he did not recollect giving the note, but if he c* did, he would pay it, its being outlawed should make no odds this was held sufficient to take the case out of the statute. Assumpsit upon a note, dated December 22, 1809, for §25 39, payable to the plaintiff on demand with interest.
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Jl. was sued upon a note of hand and pleaded the statute of limitations. It was proved that he made the no*c and that the same had been presented to him within six years, when he said, -‘that he did not recollect giving the note, but if he c* did, he would pay it, its being outlawed should make no odds this was held sufficient to take the case out of the statute. Assumpsit upon a note, dated December 22, 1809, for §25 39, payable to the plaintiff on demand with interest. The defendant pleaded in bar, that he did not promise within six years, &e. The plaintiff replied, that the defendant did…
1Opinion of the Court
, RichardsoK, C. J.
In the 32d year of Charles II., the court of King’s bench held, that a promise to pay took a case out of the statute of limitations; but that a simple acknowledgment of the debt did not.(t) But in the 10th year of William III. it was held, that although an acknowledgment of the debt was not in itself a promise, yet it was evidence of a promise to be left to a jury. 1 Ld. Ray. 421, Hyleing vs. Hastings.—Carthew 470, S. C. — Comyn’s Rep. 54, S. C. Had courts constantly adverted to this distinction, there would have been much less confusion in the books on this subject than is…
2Cases cited1 opinion
- Sands v. GelstonNew York Supreme Court · 1818
3Cited by4 opinions
- Exeter Bank v. SullivanSuperior Court of New Hampshire · 1833
- Buswell v. RobySuperior Court of New Hampshire · 1826
- Atwood v. CoburnSuperior Court of New Hampshire · 1828
- Craig v. Callaway County CourtSupreme Court of Missouri · 1848