Arnold v. Dexter

1 F. Cas. 1179, 4 Mason C.C. 122

Opinion

STORY, Circuit Justice.

I think the evi-■denee sufficient to establish a new promise, and to take the case out of the statute of limitations. The defendant did not deny the validity of the note, but, on the contrary, admitted it to be as good as money. How could this • be, unless he meant that the money was still due on it, and he was responsible to pay it? I will leave the facts, however, to be passed upon by the jury.

Verdict for the plaintiff.