Lawson v. McCartney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county: Of October Term 1883, No. 41. Assumpsit, by Andrew McCartney against Joseph B. Lawson upon a promissory note dated April 1st 1873 for $1,500 payable six months after date. Plea, non assumpsit infra sex ann os. On the trial, before "White, J., it appeared that the defendant had made an assignment in bankruptcyin July 1876 to McCartney, and his estate paid a dividend of 21 per cent.
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Error to the Court of Common Pleas No. 2 of Allegheny county: Of October Term 1883, No. 41. Assumpsit, by Andrew McCartney against Joseph B. Lawson upon a promissory note dated April 1st 1873 for $1,500 payable six months after date. Plea, non assumpsit infra sex ann os. On the trial, before "White, J., it appeared that the defendant had made an assignment in bankruptcyin July 1876 to McCartney, and his estate paid a dividend of 21 per cent. This suit was brought November 21st 1881 at which time defendant had not been discharged in bankruptcy. The plaintiff testified as follows: “ On the 26th…
1Opinion of the Court
*358The opinion of the court was delivered January 7th 1884 by
Chief Justice Mercur.
This suit was brought on a note, more than six years after it became due. The right to recover therefore rested on the ability of the plaintiff below to establish an express promise within the six years or such an acknowledgment as is clearly consistent with a promise to pay.
The acknowledgment necessary to remove the bar of the statute was fully considered in the recent cases of Palmer v. Gillespie, 14 Norris 340; and Wesner v. Stein & Greenawalt, 1 Out. 322. It must be clear, distinct and unequivocal not only as…
2Cited by7 opinions
- Keener v. Zartman, Pennsylvania Court of Common Pleas, Lancaster County1891
- Drawbaugh v. DrawbaughSuperior Court of Pennsylvania · 1898
- Benton v. Freedom Township SupervisorsSuperior Court of Pennsylvania · 1934
- Painter's AppealSupreme Court of Pennsylvania · 1886
- Kline v. SeidelSuperior Court of Pennsylvania · 1895
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