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DEXTER D. SHAW et ux. v. NATHANIEL NEWELL.

An action cannot be sustained upon a qualified promise to pay a debt barred by the statute of limitation, unless it be brought in accordance with the qualification.

Per Curiam.

If this be anything, it is a promise to pay at the end of the year. The action cannot be brought within that time. When a person makes a qualified acknowledgment of a debt barred by the statute, the plaintiff must take the acknowledgment with its qualifications.

Action discontinued.

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DEXTER D. SHAW ET UX. v. NATHANIEL NEWELL
(Mar 1, 1851)