§ 52-176 — Promise to pay barred debt to be in writing.

Connecticut § 52-176

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 899: Evidence

Text

In any action against the representatives of a deceased person, an acknowledgment or promise shall not be sufficient evidence of a new or continuing contract to take the case out of the statute of limitations, unless it is contained in a writing made or signed by the party to be charged thereby. This provision shall not alter the effect of any payment of principal or interest.

Legislative History

(1949 Rev., S. 7898; P.A. 82-160, S. 80.) History: P.A. 82-160 rephrased the section. Statute applies to claims presented against estates. 68 C. 305, 306. Signature to letter made by stenographer by means of a rubber stamp, held a sufficient compliance with statute. 73 C. 346. Unequivocal acknowledgment enough; reference to extraneous papers. 80 C. 415. Letters of administrator as such though sole heir, held not to remove bar. 84 C. 54. Effect of act of executor in charging debt in his account. Id., 137. In action on insurance policy, assignment by deceased to secure debt made after debt barred, held sufficient evidence. 88 C. 544. Cited. 129 C. 544. Statute applies where action commenced prior to death of executrix' decedent. 178 C. 529. Cited. 211 C. 555. Cited. 17 CS 222.