David Davis

“ It results from these cases that a promise to pay cannot be inferred from the mere fact of payment of part of debt, there being nothing to raise a presumption that it was a payment on account of this debt. The principle on which part payment takes a case out of the statute is, that the party paying intended by it to acknowledge and admit the greater debt to be due. If it was not in the mind of the debtor to do this, then the statute, having begun to run, will not be stopped by reason of such payment. ”

“ It is difficult to see how a payment in full of an admitted contract can be converted into an acknowledgment of one which was denied.
The case of the claimant is in some of its aspects worthy of consideration, but as it was not filed in the Court of Claims until barred by the statute, we are not at liberty to discuss its merits. ”

“ Brown, Precedents in Chancery, 385; Williams v. Gun, Fortesque, 177; Bland v. Haselrig, 2 Ventris, 152; and Benyon v. Evelyn, A. D. 1664, Sir Orlando Bridgman's Judgments, 324; all referred to in Angell on Limitations, pp. ”