Rounthwaite v. Rounthwaite

Citations

• 6 Cal. Unrep. 878
• 68 P. 304
• 1902 Cal. LEXIS 876

Syllabus

<p>Appeal.—Where the Evidence is Conflicting, a finding will not be disturbed on appeal, though most of plaintiff's evidence is by depositions.</p> <p>Limitation of Actions—Acknowledgment.—In an Action for Money Loaned, written acknowledgment of which is claimed to have been made within four years, as required by Code of Civil Procedure, section 360, a finding that defendant did not acknowledge any indebtedness to plaintiff in writing is sustained, where the indebtedness claimed by plaintiff to have been acknowledged was of a debt due to her husband.1</p> <p>Limitation of Actions.—Defendant’s Promise, if Made to Plaintiff, being without any consideration, is unenforceable.</p> <p>Limitation of Actions—Acknowledgment,—Where an Account, after it is barred by limitations, is sent to the debtor, with a blank indorsement, acknowledging its correctness and a promise to pay, which he declines to sign, his silence as to its correctness cannot remove the bar of Code of Civil Procedure, section 360, providing that no acknowledgment is sufficient evidence of a new contract, unless in writing and signed by the party charged.</p> <p>Limitation of Actions—Acknowledgment.—An Estoppel in Pais cannot be urged as against the requirements of the code that the promise must be evidenced by writing to remove the bar.</p>