Yarbrough v. Gilland Bros.
Yarbrough v. Gilland Bros.
Opinion of the Court
delivered the opinion of 'the court.
On the twenty-third day of January'-, 1897, Gilland Brothers, a firm composed of Jones Gilland, and J. W. and S. N. Gilland, brought suit on an open account for $145.80, due the first day of January, 1894, against Moses 35. Yarbrough. Yarbrough pleaded the statute of limitation of three yrears, and to avoid said plea, the plaintiff replied a new promise in writing of March 7, IS96.
The account sued on, among other articles, was for 8,000 pounds of bone dust charged at $110, and the three last items of the account aggregated $9.60; the letter containing the alleged new promise was address to Jones Gilland, and acknowledged that Yarbrough was indebted to him. for four tons of phosphate at the price’of $300, and that he was also indebted to Gilland in an account for $9.60 for articles bought by him when
It is insisted that the writing is insufficient under our statute, code 1892,. § 2757, to charge Yarbrough, because it is addressed to Jones Gilland instead of to Gilland Brothers, and because the acticles aggregating the $9.60 are not sufficiently specified.
The circuit court directed a verdict for the plaintiff for $109.60.
It was in evidence that Jones Gilland was the leading and managing member of the firm, of Gilland Brothers, and there is no room to doubt that the account sued on contained the articles for which the defendant acknowledged himself indebted in the sum of $109.60,
The acknowledgment made to Jones Gilland, we think, was sufficient to hind the defendant to pay the debt, which was clearly due to Gilland Brothers, and the judgment is
Affirmed.
Reference
- Full Case Name
- Moses E. Yarbrough v. Gilland Brothers
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Statute oe Limitations. Neiu promise. Code 1893, An acknowledgment in writing to a managing partner of a debt to him, is sufficient as an acknowledgment, in writing, of a debt to his firm, under code 1892, § 2757, and available in avoidance of the statute of limitations, on proof that the acknowledgment related to the partnership debt sued on. 2. Same. Sufficiency of specification of debt. A statement in a letter to the effect that the writer owes the party addressed, “merchandise, $9.60,” fixing the date on which the merchandise was purchased, is not invalid because the articles are not specified.