Tyers v. Kuhn
Superior Court of Pennsylvania
Appeal, No. 133, April T., 1912, by defendant, from judgment of C. P. No. 4, Allegheny Co., No. 540, Second Term, 1908, on verdict for plaintiff in case of W. W. Tyers v. David Wilson Kuhn. Assumpsit for money due on an account.
Read the full summary
Appeal, No. 133, April T., 1912, by defendant, from judgment of C. P. No. 4, Allegheny Co., No. 540, Second Term, 1908, on verdict for plaintiff in case of W. W. Tyers v. David Wilson Kuhn. Assumpsit for money due on an account. Before Carnahan, J. At the trial it appeared that the debt in question was incurred in 1894. In 1904, plaintiff received from defendant the following letter: “ Dear Tyers: “ I enclose my check for $50.00. J do not know of my own knowledge what I owe you but I have no doubt you have it correct. I’ll send you some from time to time as I can until it is paid. I wish you…
1Opinion of the Court
Opinion by
Head, J.,
As long ago as 1822 Chief Justice Tilghman, in Fries v. Boisselet, 9 S. & R. 128, said: “It would be a laborious and unprofitable task, to examine all the cases which have been decided, on the statute of limitations.” With some added force and propriety may that statement be repeated now when nigh a century of litigation has increased by a legion the cases then in contemplation of that distinguished judge. Farther along in the same opinion he declares this principle as properly deducible from all of the cases, to wit: “The principle which I consider as established with us,…
2Cases cited1 opinion
- Barclay's AppealSupreme Court of Pennsylvania · 1870
3Cited by3 opinions
- Maniatakis' EstateSupreme Court of Pennsylvania · 1917
- Brandeis v. Charter Mutual Benefit Ass'nSuperior Court of Pennsylvania · 1942
- Grosch v. TrexlerSuperior Court of Pennsylvania · 1917