Fletcher v. Gillan

Citations

• 62 Miss. 8

Syllabus

<p>1. Limitation of Actions. Acknowledgment amd new promise. Oase in judgment.</p> <p>In an action upon an open account, the statute of limitations haying been pleaded, the plaintiff set up in reply an acknowledgment of the debt and a new promise, in writing, and in support of his replication introduced in evidence two letters written to him by the defendant. In one the writer said: “After hands are paid, appropriate balance due on my account to yourself;” and in the other this language was used: “I would like to come there and do your work, so I could pay you what I owe you.” Held, that these expressions do not contain such an acknowledgment of the debt or new promise to pay, as is required, to avoid our statute of limitations, there being neither a specification of the debt referred to nor a promise to pay any fixed amount.</p> <p>2. Application of Payment. How made by law. Open account. Statute of limitations.</p> <p>Where a payment made upon an open account is not dated nor otherwise applied by either party, the law applies it to the first items of the account, even though such items be barred by the statute of limitations, and the later items be not barred.</p>