1 F. Cas. 1179
U.S. District Court
Decided November 15, 1825
U.S. District Court · decided 1825-11-15
At law. Assumpsit [by Samuel G. Arnold against Edward Dexter] on a note dated 16th February, 1815, for §666.80, payable to plaintiff or order. Plea, general issue and statute of limitations, and issue thereon. The suit was commenced on the 12th of May, 1824. At the trial the execution of the note was admitted.
Decided 1825-11-15
¶1I think the evi-■denee sufficient to establish a new promise, and to take the case out of the statute of limitations. The defendant did not deny the validity of the note, but, on the contrary, admitted it to be as good as money. How could this • be, unless he meant that the money was still due on it, and he was responsible to pay it? I will leave the facts, however, to be passed upon by the jury.
¶2Verdict for the plaintiff.