
    Jenkins v. Boyle.
    The acknowledgment of the original cause of action, accompanied hy a refusal to pay unless compelled by law, will not take the case out of the statute of limitations.
    Assumpsit, upon a promise in writing to pay the debt of another if the latter did not pay in ninety days. The letter containing the promise was shown to the defendant, who admitted the letter to be his, but said the plaintiff ought to get the money from the third person,a nd that he would not pay unless compelled by law.
   The Court

(Thruston, J., absent,)

directed the jury that it was not a sufficient promise to take the case out of the statute of limitations, under the decision of the Supreme Court of the United States, in the ease of Clementson v. Williams, 8 Cranch, 72.  