 An acknowledgment or promise contained in a writing, signed by the party to be charged thereby, is the only competent evidence of a new or continuing contract, whereby to take a case out of the operation of this title. But this section does not alter...  The New York Supplement - Page 111914Full view - About this book
 | Law - 1874 - 844 pages
...promise to take а сане out of the operation of the statute of limitations must be in writing, does not alter the effect of a payment of principal or interest. Nor does ¡t prescril* any new rule of evidence as to the fact of such payment, and it mav be proved... | |
 | Nathan Howard (Jr.) - Civil procedure - 1873 - 618 pages
...or new promise to take a case out of the operation of the statute of limitations must be in writing, does not alter the effect of a payment of principal or interest. Nor does it prescribe any new rule of evidence as to the fact of such payment; and it may be proved... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...must be brought within three years after the cause of action has accrued. Code Pro., § 109. § 395. An acknowledgment or promise, contained in a writing,...the effect of a payment of principal or interest. Code Pro., § 110; 1 Wait's Pr. 63, 64; Wait's Code, 110, 111. The law does not require that the acknowledgment... | |
 | New York (State) - Law - 1877 - 572 pages
...promise O> OJ t: J S> _ ^ J ' mu»t on]y competent evidence of a new or continuing contract, writing, whereby to take a case out of the operation of this...the effect of a payment of principal or interest. § 396. If a person, entitled to maintain an action specified Excepin this title, except for a penalty... | |
 | 1879 - 456 pages
...signed b7 tne Party *° be charged thereby, is the only competent evidence of &- new or cont'nning contract, whereby to take a case out of the operation...the effect of a payment of principal or interest. J) 396. If a person, entitled to maintain an action specified in this title> except for a penalty or... | |
 | New York (State) - 1879 - 436 pages
...evidence of nw'itsine a new or continuing contract, whereby to take a case out of the opera'"* tion of this title. But this section does not alter the effect of a payment, of principal or interest. Exceptions § 396. If a person, entitled to maintain an action specified in this son" upnder title>... | |
 | New York (State) - 1880 - 668 pages
...contained in a writing, or new signed by the party to be charged thereby, is the only competent writing6 ln evidence of a new or continuing contract, whereby...the effect of a payment of principal or interest. [Co. Proc., § 110.] Excep- § 396. If a person, entitled to maintain an action specified in this to... | |
 | New York (State) - 1881 - 1532 pages
...am'd. g 395. Acknowledgment or new promise must be in writing. — Anacknowledgment(l) or proiniae,(2) contained in a writing, signed by the party to be...not alter the effect of a payment of principal or interest.(3) Id., ! 110. (1) Hope u. Bogart, 1 Hilt. 543; Turner t>. Martin, 4 Bob. 661 : Berrlan r.... | |
 | Horace Gay Wood - Limitation of actions - 1882 - 990 pages
...SEC. 305. Acknowledgment or New Promise must be In Writing. — An acknowledgment (1) or promise, (2) contained in a writing, signed by the party to be...the effect of a payment of principal or interest. (8) Id. § 110. (I) Hope t>. Bogart, 1 Hilt 543; Turner v. Martin, 4 Rob. 661; Bem'an c. Mayor, id.... | |
| |
