Bank of Montreal v. Guse

Citations

• 51 Wash. 365
• 98 P. 1127
• 1909 Wash. LEXIS 1194

Syllabus

<p>Limitation op Actions — Frauds, Statute op — New Promise. Under Bal. Code, § 4816, which provides that no acknowledgment or promise shall he sufficient to take a case out of the operation of the statute unless the same is in writing and signed by the party to be charged, correspondence relating to several promissory notes given at different times is not sufficient to remove the bar of the statute of limitations, where it consists of detached fragmentary statements of different dates susceptible of different interpretations, and there is no clear and unequivocal reference to any particular debt from which a promise can be implied to pay all or any one of the notes, but a’ controversy as to the amount due appears.</p>