2 D.C. 208
Decided June 15, 1820
Assumpsit, against the maker of a nóte. The defendant pleaded the statute of limitations. Upon the trial the plaintiff proved that within three years, the defendant promised to pay when he'should be able. contended that the plaintiff must prove that the defendant is or has been, since the promise, able to pay.
Relies on Wetzell v. Bussard
Decided 1820-06-15
¶1But
¶2{nan. con.) said it was not necessary to prove that fact to take the note out of the statute of limitations. The action.is brought on the note, and not on the new promise.
¶3(But see Wetzel v. Bussard, 11 Wheat. 309; Read v. Wilkinson, 2 Wash. C. C. Rep. 514; Lonsdale v. Brown, 3 Wash. C. C. Rep. 404.)