 | New Jersey. Supreme Court - Law reports, digests, etc - 1816 - 540 pages
...defendant belonged, had received his pay» and retained it to the amoant of the note. PER CUR. This is a sufficient acknowledgment of the debt to take the case out of the statute of limitations; the nonsuit was erroneously directed and must be set aside, ("aj (a} NOTE.—... | |
 | John Joseph Powell - Mortgages - 1822 - 648 pages
...in other words, a promise that the matter in dispute respecting a debt should be arranged, was held a sufficient acknowledgment of the debt to take the case out of the statute of limitations. It was argued, that the acknowledgment should have been in writing ; but the... | |
 | William Tidd - Civil procedure - 1828 - 806 pages
...in so much trouble since, that he could not recollect any thing " about it," was hoi den not to be a sufficient acknowledgment of the debt, to take the case out of the statute of limitations, and ought not to be left to the jury, as evidence of an admission of such debt... | |
 | Law reports, digests, etc - 1872 - 978 pages
...under ihe circumstances was a payment on account of the interest upon the promissory note. That was a sufficient acknowledgment of the debt to take the case out of the statute, and to enable the judge to give judgment for the plaintiff in this action, for the principal... | |
 | Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1835 - 996 pages
...such note. CVra v. Petit and others. 4:.i 4. The payment of interest orj such note, by tkc ratry, is a sufficient acknowledgment of the debt to take the case out of the statute of limitations. Kid. 5. More especially where S. has audited the parish accounts, ih which... | |
 | William Tidd - Civil procedure - 1837 - 720 pages
...parish, it was holden that the payment of interest on such note, from time to time, by the vestry, was a sufficient acknowledgment of the debt, to take the case out of the statute of limitations 6 : A fortiori, where B. had audited the parish accounts, in which payments... | |
 | Samuel Bealey Harrison - Law reports, digests, etc - 1842 - 694 pages
...interest on a note, given by churchwardens on the parish account from time to time by the vestry, is a sufficient acknowledgment of the debt to take the case out of the Statute of Limitations, as against the makers : à fortiori, where one of them has audited the parish... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...trust, to pay the said debt out of the moneys to be collected by him. It was held, that this recital was a sufficient acknowledgment of the debt to take the case out of the statute of limitations, lliiil. 3. In the case of King v. Riddle, the court said, that although not... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1860 - 544 pages
...according to the decision of a majority of thé court, as expressed the other day, that the answer contains a sufficient acknowledgment of the debt to take the case out of the operation of the statute, if the appellants were allowed to amend their answer, it could not do away... | |
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The defendant asked, and the court refused, the following instructions: (2) The letter of deceased read in evidence by plaintiff does not constitute a sufficient acknowledgment of the debt to take the case out of the statute. 
