49 Mass. 432
Massachusetts Supreme Judicial Court
Decided October 15, 1844
Massachusetts Supreme Judicial Court · decided 1844-10-15
Assumpsit on three promissory notes. The defendant relied on the statute of limitations. The parties submitted the case to the court on the following facts agreed* The notes declared on were made by the defendant, more than six years before the commencement of the suit; and this letter was written by him to one of the plaintiffs: “ New Bedford, February 15th 1843. Mr. Benjamin Mumford.
Decided 1844-10-15
¶1The acknowledgment and promise to renew the notes on certain terms were conditional, and the terms were not acceded to. The letter does not express either an unconditional promise to pay, or an unqualified admission of present indebtedness, from which such promise can be inferred, so as to take the case out of the operation of the statute of limitations. Barnard x. Bartholomew, 22 Pick. 291. Moon v. Bank of Columbia, 6 Pet. 92.
¶2Judgment for the defendant.