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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.
Document Info
Docket Number: No. 196
Citation Numbers: 140 Pa. 645, 21 A. 445, 1891 Pa. LEXIS 886
Judges: Clark, Green, McCollum, Mitchell, Paxson
Filed Date: 3/9/1891
Precedential Status: Precedential
Modified Date: 10/19/2024