Wachter v. Albee

Citations

• 80 Ill. 47

Syllabus

<p>1. Statute oe limitations — subsequent admission — new promise. Where the Statute of Limitations has run aud become a bar to an action for the recovery of a debt, a subsequent admission by the defendant that the account was correct, or that be had received the goods or money, or had executed the note sued on, is not sufficient to obviate the bar.</p> <p>3. nothing short of an express promise to pay the money, or an unqualified admission that the debt is due and unpaid, nothing being said or done at. the time rebutting the presumption of a promise to pay, will obviate the bar of the Statute of Limitations.</p> <p>3. A promise made to a stranger will not take a case out of the operation of the Statute of Limitations. In order to give it legal force and effect, it must be made to the party to be benefited, or to some one authorized to act in his behalf.</p> <p>4. Where a party has permitted a debt to run, without any effort to collect it, until the Statute of Limitations can be pleaded in bar of the action, a court will not aid him on slight proof; on the contrary, the evidence should be clear and satisfactory to overcome the bar of the statute.</p>