Kline v. Seidel

Citations

• 1 Pa. Super. 22
• 1895 Pa. Super. LEXIS 7

Syllabus

<p>Statute of limitations — Novation of debt.</p> <p>Where a claim to recover a debt barred by the statute rests on the admission of the indebtedness, the acknowledgment thereof must be unqualified. The language should be so clear as to preclude hesitation as to debtor’s meaning. The law will imply a promise to pay, but it is not a subject for a jury to guess at.</p> <p>Evidence — Uncertain character of admission.</p> <p>An effort to prove acknowledgment by the payment of interest by one of two obligors, by the- consent and direction of the other, requires that the evidence be clearly referable to the interest actually paid and not be open to the possible construction of interest then unpaid, and which still remains unpaid.</p>