168 Mass. 133 | Mass. | 1897
It appears from the evidence reported that the defendant had been a tenant of the plaintiff, and was in arrears for his rent, though he had made some payments on account. About the time he left the plaintiff’s house, the agent of the plaintiff called upon him, taking with him a written statement of their mutual accounts, and showing a balance due of $263.91. After some conversation, the defendant wrote on the paper underneath the account the following: “ The above statement is correct, and I owe the balance as above due. John M. Davis.
The defendant first contends that the action is not brought within six years from the last item of the debit account, and is therefore barred by the Pub. Sts. c. 197, § 1, cl. 1. But this is not an action upon the original items, but upon the account stated, and the action is brought within six years from the date when this cause of action accrued. An account stated gives a new and original cause of action, and the statute of limitations begins to run only from its date. Chace v. Trafford, 116 Mass. 529.
The remaining question is whether there is a sufficient acknowledgment or promise in writing within the Pub. Sts. c. 197, § 15. This question has so recently been considered by us in the case of Custy v. Donlan, 159 Mass. 245, that we need only to say that the question must be answered in the affirmative.
Exceptions overruled.