Edsall v. Reynard

Citations

• 39 Pa. Super. 142
• 1909 Pa. Super. LEXIS 453

Syllabus

<p>Statute of limitations — Overpayment—Evidence as to acknowledgment of debt — Promise to pay.</p> <p>In an action to recover moneys paid in excess of an amount due upon a promissory note, where it appears that the note was paid more than six years prior to the institution of the suit, the statute of limitations is a good plea, and if the evidence shows that the defendant never unconditionally acknowledged that there had been an overpayment, but always said that if such an overpayment had been made, he would repay the amount of it, the court should say as a matter of law that the evidence is insufficient to toll the statute of limitations.</p>