5 Del. 380
Decided July 1, 1852
Superior Court of Delaware · decided 1852-07-01
Action of assumpsit, on two promissory notes, made July 22, 1812, for $167 74, and $167 14, payable at six, and nine months. Pleas, non-assumpsit, and statute of limitation. The plaintiff proved that the defendant, within the time of limitation, spoke to a thiril person to buy .the notes up for him, and said they had not been paid.
Decided 1852-07-01
¶1charged the jury, that if they had satisfactory evidence of an acknowledgment by Patrick Campbell, within six years, of the existence of the debt, as a subsisting demand, founded on these notes, though made to a third person, not the holder of the notes, and -though not amounting to a promise to pay, the action was not barred, and the plaintiff was entitled to recover.
¶2Verdict for plaintiff.