15 Me. 360 | Me. | 1839
The opinion of the Court, after a continuance for advisement, was drawn up by
That an executor or administrator may by an express promise take a case out of the statute of limitations appears to be the settled law of England. The like rule of law was recognized in Massachusetts and New-York in the cases of Emerson v. Thompson, 16 Mass. R. 429, and Johnson v. Beardslee, 15 Johns. R. 3. While the Courts in Connecticut and Pennsylvania have come to a different conclusion. Peck v. Batsford, 7 Conn. R. 172; Fritz v. Thomas, 1 Whar. 66.
In the case of Perley v. Little, 3 Greenl. 97, it was said, that equivocal expressions ought not by construction to be converted into promises; and that rule should be closely adhered to, when the promise is to be proved, not against the party himself, but against his legal representative. When an administrator says an arrangement will soon be made to pay a demand against the estate, the fair intendment is, that he designs to make such a disposition of the • assets as will enable him to do it. The word, “ calculate,” properly signifies to compute or reckon, but in this case it must have been used inaccurately and in a different sense. If the language used be examined either together, or each phrase by itself, the idea intended to be conveyed will appear to be, that it was his design or intention to pay the note, and that he had always so intended. Is an intention to do a thing a promise
Exceptions sustained, and new trial granted.