Legal Opinion

Bream v. Drum

Pennsylvania Court of Common Pleas, Adams County

Decided September 4, 1980No. 80-S-222Published

1Opinion of the Court

SPICER, P.J.,

— Plaintiff filed a complaint in assumpsit based upon two promissory notes. One was dated December 31, 1970 and the other March 10,1975. A payment on account on the latter note was alleged but none as to the earlier note.

Defendant Ray K. Drum filed preliminary objections in the nature of a demurrer in which he raised the statute of limitations. Plaintiff responded by filing an amended complaint to which he attached a letter purported to be written by defendant. The letter was not dated and Paragraph 7 of the amended complaint alleged it was written “on or before August 29, 1975.”…

2Cases cited5 opinions

  1. Landis v. RothSupreme Court of Pennsylvania · 1885
  2. Maniatakis' EstateSupreme Court of Pennsylvania · 1917
  3. Miller v. BaschoreSupreme Court of Pennsylvania · 1877
  4. Ward v. JackSupreme Court of Pennsylvania · 1896
  5. Davis v. SteinerSupreme Court of Pennsylvania · 1850

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