4 S.C.L. 31
Supreme Court of South Carolina
Decided January 15, 1806
Supreme Court of South Carolina · decided 1806-01-15
The action was assumpsit against dc- Trezevant, J., before whom the cause was tried, was of opinion, and so charged the jury, that these declarations of Fronty did not amount to a sufficient acknowledgment of a subsisting, debt, and of a promise or intention to pay the same, to take the case out of the operation of the limitation act; and the defendant had a verdict.
Decided 1806-01-15
¶1The court,
¶2Were all clearly of opinion that the plaintiff was intitled to' a new trial. That the law is now settled that a 6are acknowledg. ment of an existing debt, without any evidence of a promise to pay,will lake it out of the statute of limitations. See 1 Esp. Rep. 435. See Wallace’s Rep. 66. Cowan v. Magauran. See the case of Aiken v. Benton, 3d vol. 289.
¶3New trial granted.-