Montgomery's Estate

Citations

• 259 Pa. 412
• 103 A. 223
• 1918 Pa. LEXIS 426

Syllabus

<p>Statute of limitations — Bar of claim — Tolling of statute — Subsequent promise to pay — Evidence—Insufficiency—Indebtedness on several obligations — Payment—Application to barred claim without debtor’s consent.</p> <p>1. To remove tlie bar of the statute of limitations, the promise to pay must refer distinctly and specifically to the original debt.</p> <p>2. Where a person is indebted to another on several distinct obligations, one of which is barred by the statute of limitations, and thereafter the debtor makes a payment, the application of the whole or a part of such payment to the barred claim, without the knowledge or consent of the debtor, cannot operate to toll the statute as to such claim.</p> <p>3. A claim against a decedent’s estate was properly disallowed where it was based on an oral promise by decedent in 1904, since which time a greater period than the statutory limitation of six years had elapsed without decedent having renewed his-promise to pay, or having paid any interest thereon, and, although it was contended that decedent had made a payment on account after the claim had been barred, it appeared that decedent was indebted to claimant on several other obligations, not barred by the statute, and made a payment to claimant, part of which claimant applied to the barred claim without the knowledge or consent of deceased.</p>