Wells v. Wilson

Supreme Court of Pennsylvania

Wells v. Wilson

21 A. 445, 140 Pa. 645, 1891 Pa. LEXIS 886

CourtSupreme Court of Pennsylvania

DecidedMarch 9, 1891

DocketNo. 196

StatusPublished

Cited by3 cases

This text of 21 A. 445 (Wells v. Wilson) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wells v. Wilson, 21 A. 445, 140 Pa. 645, 1891 Pa. LEXIS 886 (Pa. 1891).

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Opinion

Per Curiam:

We think the evidence was sufficient to take the note in suit out of the statute. That there was a distinct identification of the debt, and that it was still due and unpaid, appears from the testimony of the defendant himself, and if the plaintiff is believed, there was a promise to pay it. In any event, there was such a clear and unambiguous acknowledgment of the note, as a subsisting obligation, as is consistent with a promise to pay. This, under the authorities, is sufficient: Landis v. Roth, 109 Pa. 624.

Judgment affirmed.

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Per Curiam:

We think the evidence was sufficient to take the note in suit out of the statute. That there was a distinct identification of the debt, and that it was still due and unpaid, appears from the testimony of the defendant himself, and if the plaintiff is believed, there was a promise to pay it. In any event, there was such a clear and unambiguous acknowledgment of the note, as a subsisting obligation, as is consistent with a promise to pay. This, under the authorities, is sufficient: Landis v. Roth, 109 Pa. 624.

Judgment affirmed.

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Bluebook (online)

21 A. 445, 140 Pa. 645, 1891 Pa. LEXIS 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-wilson-pa-1891.

Opinion

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