Assumpsit. Plea, the statute of limitations. Replication, a new promise within six years. One C, having the claim to collect, called on the defendant and informed him that something must be done about it, and asked him what he would do.
Good law ✅— No negative treatment on recordhow we know
Decided 1880-06-05
How this case has been cited
Cited by 7 later decisions — most recently June 1907
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
To entitle the plaintiff to recover, he must prove a direct and unqualified admission of a previous subsisting debt which the defendant was liable and willing to pay.
Ventris
v. Shaw, 14 N. H. 422. If the evidence shows an undertaking to pay, it was to pay as soon as the defendant should be in funds. His promise was not contingent upon the death of his mother, but that event was one occasion when he expected to be in funds. There was no evidence that the defendant subsequently had money from which he might have settled this claim. The promise was, to “ settle when he should get the money.” The motion for a nonsuit should have been granted.
Exeter Bank
v. Sullivan, 6 N. H. 124, 132, 135, 136;
Butterfield v. Jacobs,
15 N. H. 140;
Weare
v.
Chase,
58 N. H. 225;
Dodge
v.
Leavitt, ante
245; 3 Par. Cont. 70.
