This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The new promise may be made by the debtor himself, or by his agent thereunto duly authorized.1 One whom the debtor has requested to convey his promise to the creditor, is the agent, of the debtor within the meaning of this rule. Thus where the debtor sent for the creditor's sister, and asked her to tell the creditor that the debtor would pay every cent that he owed him, the creditor's sister was the defendant's agent for that purpose.2
1 Kirby v. Mills, 78 N. C. 124; 24 Am. Rep. 460.
2 Niblack v. Goodman, 67 Ind. 174; Schmueker v. Sibert, 18 Kan. 104; 26 Am. Rep. 765; Spangler v. Spangler, 122 Pa. St. 358; 9 Am. St. Rep. 114; 15 Atl. 436.
3 Miller v. Teeter, 53 N. J. Eq. 262; 31 Atl. 394.
4 Bird v. Adams. 7 Ga. 505; Soulden v. Van .Rensselaer, 9 Wend. (N. Y.) 293.
5 Investment Securities Co. v.
Bergthold, 60 Kan. 813; 58 Pac. 469.
6 Investment Securities Co. v. Bergthold, 60 Kan. 813; 58 Pac. 469.
1 O'Hara v. Murphy, 196 111. 599; 63 N. E. 1081.
2 O'Hara v. Murphy, 196 111. 599; 63 N. E. 1081. A new promise made by one of two or more joint debtors, waives the bar of the statute as to himself, but not as to the other joint debtors. State, etc., Co.
An express promise by the grantee of mortgaged premises suspends the running of the statute of limitations against the foreclosure of the mortgage lien.3 A new promise by executors is not binding on the estate according to the weight of authority,4 and even if such promise was relied upon by the creditor and induced him to delay until limitations had run, and if the executors are thereby estopped to plead limitations, other creditors may plead limitations.5 Other authorities hold that such new promise revives the barred debt as against the estate.6