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1 Shan. Cas. 656

Wilkinson v. Lott

Tennessee Supreme Court

Decided September 15, 1876

Tennessee Supreme Court · decided 1876-09-15

<p>STATUTE OE LIMITATIONS. New promise before bar, without new consideration.</p> <p>A verbal promise to pay a note, made before the bar of the statute of limitations is complete, without any new comsideration, stops the operation of the statute.</p>

Decided 1876-09-15

Freeman, J.,

¶1delivered the opimlon of the court.

¶2The question in this case was, whether there had been a new promise, taking the case out of the statute of limitations.

¶3The court charged the jury “that a verbal promise to pay the note would not stop or prevent the operation of the statute, if made before the bar was complete, unless supported by some new consideration.” This was error. The promise in either case is based on the original consideration, and there can be no distinction between a *657promise made before- the completion of the bar and one made after.

¶4Reverse tlie judgment and remand for a new trial.

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