Sec. 1686. To Whom Acknowledgment Can Be Made
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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.
Sec. 1686. To Whom Acknowledgment Can Be Made
The acknowledgment, in order to operate as a waiver of the bar of the statute, must be made to the creditor, or to his authorized agent. A letter addressed individually to one member of the creditor firm, acknowledging a debt due to such firm, has been held to be sufficient.1 An acknowledgment made to a stranger is insufficient to waive the bar of the statute.2 Thus where decedent in his last illness told his nurse that he wanted the creditor paid for certain work, such acknowledgment is insufficient to waive the bar of the statute.3
2 Foster v. Bowles, 138 Cal. 346; 71 Pac. 494.
3 Cook v. Prindle, 97 la. 464; 59 Am. St. Rep. 424; 66 N. W. 781.
4 Brintnall v. Graves, 168 Mass. 384; 47 N. E. 119.
5 Fuller v. McMahan, 64 Kan. 441; 67 Pac. 828.
6 Claghorn Estate, 181 Pa. St. 608; 37 Atl. 921; Light's Estate, 136 Pa. St. 211; 20 Atl. 536. 537; Fritz v. Thomas. 1 Whart. (Pa.) 66; 29 Am. Dec. 39.
7 In re Macdonald (1897), 2 Ch. 181. See Sec. 1697.
1 Yarbrough v. Gilland, 77 Miss. 139; 24 So. 170.
2 Fort Scott v. Hickman, 112 U. S. 150; Pierce v. Merrill, 128 Cal. 473; 79 Am. St. Rep. 63; 61 Pac. 67; Thomas v. Carey, 26 Colo. 485; 58 Pac. 1093; Niblack v. Goodman, 67 Tnd. 174; Spangler v. Spangler, 122 Pa. St. 358; 9 Am. St. Rep. 114; 15 Atl. 436.
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