Snyder

The complaint set forth a cause of action based upon an indebtedness which it is alleged defendant, after the statute of limitations had run against the same, in writing acknowledged and promised to pay, thus taking the ease out of the operation of the statute.

Upon such issue the court found adversely to plaintiff and gave judgment for defendant, from which the former, claiming such finding is not supported by the evidence, appeals.

Section 360 of the Code of Civil Procedure provides: “No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the ease out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby.” Since recovery upon the original promise to pay by defendant was coneededly barred, it devolved upon plaintiff to establish facts bringing the ease within the operation of the statute quoted. To do this, plaintiff offered in evidence a letter addressed by her to defendant, wherein she referred to a loan of $750 made several years before to defendant by her husband, who advised her, she said, that if defendant was able to meet the obligation, she could use the…