Thomas v. Sweeney

Citations

• 75 Pa. Super. 322
• 1921 Pa. Super. LEXIS 7

Syllabus

<p>Statute of limitations — Promise to pay debt — Case for jury.</p> <p>A clear, distinct and unequivocal acknowledgment of a debt as an existing obligation, such as is consistent with the promise to pay, is sufficient to toll the statute of limitations. There must, however, be no uncertainty either in the acknowledgment or in the identification of the debt, and the acknowledgment must be plainly referable to the very debt upon which the action is based, and must be consistent with the terms to pay on demand, and not accompanied by other expressions indicating a mere willingness to pay at a future time. The time of payment need not be immediate,, but the intention to pay must be present.</p> <p>In an action of assumpsit to collect money loaned, tbe defense was advanced that the claim was barred by the statute of limitations. Testimony was produced by the plaintiff that the defendant said she did not deny the debt and would pay it. Under such circumstances, the ease was for the jury to determine whether there was such acknowledgment of the debt as would toll the statute.</p>