case heylin executor of read vers captain hastings a conditional promise will  avoid the statute of limitation Mod SC Carth SC Mod SC holt SC ld raym SC salk  SC Cowp Com dig Bac Abr bull Ni Pri Indebitatus assumpsit for good sell and  deliver by the testator to the defendant the defendant plead non assumpsit  infra sex aged and at the trial before holt c j at guildhall the evidence for  the plaintiff be as follow that the good be sell and deliver to the defendant  by the testator in the year that within three year now last pass so more than  six year have elapse since the cause of action have accrue the defendant  promise that if the plaintiff can prove his debt he will pay it and whether  this evidence prove the issue for the plaintiff holt c j doubt at the trial  and direct the matter to be move for the opinion of the court and it be agree  by the whole bench that if a man be indebt to another and six year elapse  afterward and then the defendant promise payment and acknowledge the debt  within six year before the action bring evidence of such promise and  acknowledgement be good to maintain a action where non assumpsit infra sex  aged be plead but if a man after the six year acknowledge the debt but do not  promise the payment it shall not charge he by Rokeby I but holt c j say that  it have oftentimes be hold that a acknowledgement of the debt without promise  of payment by the defendant be sufficient to charge he and comens this he  think be good law but that it have be hold otherwise also and it be agree by  the court that if the plaintiff have declare upon a special assumption  videlicet that his testator have sell such merchandise to the defendant the  defendant in consideration that the plaintiff can prove the say debt promise  that he will pay and content the plaintiff the say sum of money and have aver  that his testator have sell the good the defendant upon such special  declaration will have be Chargeable and the plaintiff in such a case heed only  to allege that the testator have sell for the proof of the debt will be bring  in the same action bat the doubt be upon such a conditional promise after the  action be bar by the statute whether that shall give a action find upon the  first contract if it have be make before the six year have be pass after the  first contract holt c j think it will have be sufficient although six year  have pass before the action commence but here seem a diversity for the action  be go before this conditional promise be make say adjornatur and now holt c j  say that he have talk with all the judge of England and that ten of they upon  consideration agree that such a parlance as prove it due and I will pay you  after six year elapse be sufficient evidence for the plaintiff to maintain his  declaration upon non assumpsit infra sex aged plead for the defendant here  make a express promise I will pay you but it be conjoin with this condition  prove it due so he express promise payment upon proof of the debt which proof  may be make in the same action and they all agree also that if a man  acknowledge a debt after six year elapse it be good evidence of a assumpsit  upon non assumpsit infra sex aged plead for the jury to find a verdict for the  plaintiff but it be not a matter upon which if it be find special the court  will give judgement for the plaintiff and Rokeby resemble it to the case   a  demand and comens refusal be evidence of a conversion Mod cro Elizabeth more  hob Mod style burr burr vent cro James Mod salk and the case there cite Com  dig Bac Abr infra p a but if it be comens er p find special the court can  adjudge it to be a conversion so this term judgement be give for the  plaintiffIt be hold in the case of yea v Fouraker burr that a acknowledgement  of the debt after the commencement of the action take it out of the statute of  limitation Lord Mansfield lie it down in burr that the statute of limitation  do not destroy the debt it only take away the remedy and the slight word of  acknowledgement will take it out of the statute de term sanct hill will III  this term sir Henry gold Knt sergeant at law receive letter patent to be a  judge of the court of king bench in which office he succeed sir Samuel Eyre  Knt who in the summer assize die upon the circuit comens de boundary pasch I  will III in b r