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2 Miles 424

Brown v. Bridges

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1840-09-08

THIS action was brought by Joseph M. Brown against Edwin N. Bridges and Noah W. Bridges, late copartners in trade, under the firm of E. N. Bridges & Co. The following case stated was filed: “ It is agreed that the following case be stated for the opinion of the court in the nature of a special verdict, with liberty for either party to take out a writ of error on the same. “On the 13th day of November, 1833, the above named plaintiff drew on the said defendants a draft,…

Decided 1840-09-08

Per Curiam.—

¶1An acknowledgment of a debt, to prevent the operation of the statute of limitations, must, at least, be consistent with a promise to pay.! This is the law in Pennsylvania. 'The acknowledgment in defendant’s petition for the benefit of the insolvent laws is not of this character, for the very basis on which an insolvent asks his discharge is that he is unable to pay *426Ins debts. How this can be tortured into a promise to pay, or as being consistent with such a promise, we are at á loss to discover.

¶2Judgment for defendant.

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