White v. Pittsburgh Vein Coal Co.

Citations

• 266 Pa. 145
• 109 A. 873
• 1920 Pa. LEXIS 523

Syllabus

<p>Statute of limitations — Joint debtors — Payments—Payment not authorized by debtor — Identification of payment — Principal and surety.</p> <p>1. A payment to toll the statute of limitations must be made or authorized by the debtor.</p> <p>2. A payment by one of two joint debtors does not toll the statute as to the other.</p> <p>3. Payment by a principal will not toll the statute as to a surety.</p> <p>4. A payment to toll the statute must be an acknowledgment of the debt from which the law will imply a promise to pay; and to constitute such acknowledgment the debt must be identified, and its amount fixed expressly, or by reference to something from which it can be ascertained.</p> <p>5. Where there is no mention of the amount due, and no bills ever rendered, it proves nothing to show payments made on account while the statute was running.</p> <p>6. To take a debt out of the bar of the statute of limitations, the identification of it must be made by the debtor at the time of the promise or payment or act relied on. An identification by a mere inference of the jury from other collateral matters is not sufficient.</p> <p>Principal and agent — Authority of agent — Acting for another principal.</p> <p>I. A principal is not bound by the act of an agent done for and on behalf of another principal.</p>