soon as the debt has accrued; if it be
a debt to a merchant, as soon as one has stopped trading with him. To
the operation of this rule are some important exceptions. It does not
run in favor of a minor, married woman or insane or imprisoned person;
or not whenever or wherever they are not capable of contracting. But a
disability arising after the statute has begun to run in his favor
will not prevent it from running.
The Statute of Limitations generally bars the remedy or right to
pursue the debtor in a court of law, it does not extinguish the right
or debt, and therefore the right to pursue a debtor may be revived by
a new promise to pay. One may ask, is not a debtor a foolish man to
acknowledge that he is a debtor after the law has released him from
his debt? Yes, from a purely selfish point of view. Nevertheless, the
moral obligation remains, and happily all morality has not yet fled
from the world. One may ask, is not such a promise void because there
is no consideration received for it? No, for the reason that there was
a consideration for the original obligation, and this is sufficient
to sustain the renewed promise to pay it. In some states the statutes
provide that such an acknowledgment to pay a debt after the statute
has barred it, must be in writing, and signed by the debtor or his
agent. The most general rule is, to remove the bar of the statute,
there must be either an express promise to pay, or an acknowledgment
of the debt accompanied by an expression of willingness to pay it. To
simply acknowledge the existence of a debt is not enough, there must
be indicated or expressed a willingness to pay.
A debt may also be revived by part payment. Payment on account of the
principal, or payment of interest on the debt will prevent the statute
from running against it. Payment to have that effect must be made with
reference to the original debt and in such a way as to effect an
acknowledgment of it.
While a debtor may always apply a payment to any one or more of
different debts he owes his creditor, if he fails to do so the
creditor can make the application even to a debt which is already
barred by the statute, but his application will not remove the bar to
the remainder of the debt. To have that effect the appropriation must
be made by the debtor himself.
Statutes of limitation apply to many obligations, and the times or
dates at which they become outlawed or outside the scope of legal
redress, vary in the
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