Ulrich v. Getz

Citations

• 9 Pa. Super. 289
• 1899 Pa. Super. LEXIS 24

Syllabus

<p>Statute of limitations — Evidence required to toll — Charge of court.</p> <p>Where a promise to pay is relied on to take a note out of the bar of the statute of limitations the jury were instructed: “It is incumbent on the plaintiff to show, before there can be any recovery by him in this case, that it has been taken out of the statute of limitations by evidence that the defendant acknowledged the indebtedness and promised to pay it. Such acknowledgment must be clear and unequivocal; it must be certain and unqualified; it must have special reference to the note in suit.” The defendant had no ground for complaint.</p> <p>Evidence — Letters—Province of court.</p> <p>Where letters are in evidence it is the province of the court to pass upon them and to instruct the jury as to their pertinence and probative force.</p>