Thomas Burrows and John Burrows v Mary Catherine Baker

• Jurisdiction: Ireland
• Judgment Date: 02 June 1869
• Date: 02 June 1869
• Court: Chancery Division (Ireland)

V. C. Court.

THOMAS BURROWS AND JOHN BURROWS

and

MARY CATHERINE BAKER.

Sidwell v. MasonENR 2 H. & N. 306.

Holmes v. SmithUNK 8 Ir. C. L. R. 424.

Prance v. SympsonENR 1 Kay. 678.

Swann v. SowellENR 2 B. & Ald. 759.

Hart v. PrendergastENR 14 M. & W. 741.

Cockrill v. SparkesENR 1 H. & C. 699.

Buckmaster v. RussellENR 10 C. B. N. S. 745.

Statute of Limitations — Written Acknowledgment.

596 THE IRISH REPORTS. [I. R. THOMAS BURROWS AND JOHN BURROWS v. MARY CATHERINE BAKER. Statute of Limitations-Written Acknowledgment. A debtor wrote to her creditor as follows :-" As I have been very unwell during the past winter, my state of health renders me anxious to know the exact relation I hold towards you. I must, therefore, once more request you to furnish me with an account of my debt to you. On looking over my papers, with a view of myself ascertaining the amount, I have found some inaccuracies of calculation in the dockets which you from time to time gave me; and in general, sums lent by you have got so mixed up with the receipts of yours from me that I have got rather confused by them." She then proceeded to suggest a plan by which to ascertain "clearly the position we hold to each other." Held, that this was a sufficient acknowledgment to prevent the right to recover the debt being barred by the Statute of Limitations. CLAIM adjourned into Court. The Plaintiffs (partners in business) in this cause took out an administration summons, dated the 10th of November, 1868, against the Defendant, as administratrix with the will annexed of Lady Mary Baker; and claimed a sum of £479 2s. 8d., as due to them by the Defendant as such administratrix. It appeared from the affidavits that there had been dealings between the Plaintiffs and Lady Baker, who had, from time to time, borrowed moneys from them, and they had rented from her certain apartments in a house in Dawson-street. The amount of the sum claimed, and the nature of the dealings, were disputed ; but it was admitted that the dealÂÂings in question began on the 1st of January, 1855, and that the latest of them took place on the 16th of December, 1861. Lady Baker died in January, 1867 ; the summons in this cause was taken out on the 18th of November, 1868 ; the Defendant relied in her affidavit on the Statute of Limitations ; and the only question argued in Court was : whether the claim of the Plaintiffs was barred by that Statute. In order to take their demand out of the operaÂÂtion of...