Ritter's Estate

Citations

• 161 Pa. 79
• 28 A. 1011
• 1894 Pa. LEXIS 636

Syllabus

<p>Statute of limitations — Tolling statute — Advancement—Evidence.</p> <p>A mother gave to her sou a sum of money, taking his note at the time. There was an understanding that no interest should be paid, and that the principal should be repaid only in the event of the mother needing and demanding it. No interest was paid, and the son died without the mother having demanded the principal. After the son’s death the mother claimed the amount of the note from his estate. The statute of limitations was pleaded, and the claimant then offered a declaration made by her son to her agent, as follows: “This interest should be paid or wrote on the note. If my mother should die, M. might make a bad case of it. . . . There should be a new note made, or the interest marked on the old one. If mother should die and M. get hold of it, we would have to pay the interest to date.” Held, that the declaration was not sufficient to show an express or implied promise to pay or an admission consistent with a promise to pay.</p>