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4 D.C. 531

Hamilton v. Carnes

Decided March 15, 1835

Assumpsit on two promissory notes. Plea, limitations. General replication and issue. a witness for the plaintiff, upon the trial testified, that in a conversation with the witness, who was the agent of the plaintiff, the defendant said that if he would withdraw this suit he would give the witness an order on his partner at New Orleans for the amount; but the witness was not authorized to dismiss the suit upon those terms. contended that this was not a sufficient promise to…

Decided 1835-03-15

The Court(Thruston, J., absent,)

¶1upon the authority of Bell v. Morrison, and because the new promise was made after the commencement of this suit, were of opinion, and instructed the jury, that the defendant’s promise so made, did not take the case out of the statute of limitations.

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