Miller v. Baschore
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 4, of Philadelphia county: Of July Term 1875, No. 125. Assumpsit by Catharine Baschore against John W. Miller on a promissory note for $100, dated the 28th of December 1859, drawn by the defendant to the order of plaintiff and payable one day after date. The defendant pleaded the general issue and the Statute of Limitations.
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Error to the Common Pleas, No. 4, of Philadelphia county: Of July Term 1875, No. 125. Assumpsit by Catharine Baschore against John W. Miller on a promissory note for $100, dated the 28th of December 1859, drawn by the defendant to the order of plaintiff and payable one day after date. The defendant pleaded the general issue and the Statute of Limitations. At the trial, under objection, the plaintiff put in evidence the note with several endorsements thereon, on account of interest, and one of a payment of a small sum in merchandise. These endorsements were all made previous to 1864. She then…
1Opinion of the CourtJustice Gordon
The evidence was not sufficient to relieve the claim of the plaintiff below from the effect of the Statute of Limitations. In order to effect such a result there must be a clear and definite acknowledgment of the debt, a specification of the amount due or a reference to something by which such amount can be definitely and certainly ascertained, and an unequivocal promise to pay. In the case under consideration the acknowledgment and undertaking of the defendant lack these essential characteristics. He writes: “I have received a letter from you some time ago asking of me what I intended doing…
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