15-1-73 - New promise to be in writing; effect of new promise by one or more joint contractors as against non-promisors. - Mississippi Statutes

§ 15-1-73. New promise to be in writing; effect of new promise by one or more joint contractors as against non-promisors.
 

In actions founded upon any contract, an acknowledgment or promise shall not be evidence of a new or continuing contract whereby to take any case out of the operation of the provisions of this chapter or to deprive any party of the benefit thereof, unless such acknowledgment or promise be made or contained by or in some writing signed by the party chargeable thereby. Where there shall be two or more joint contractors, one or more of them shall not lose the benefit of the provisions of this chapter so as to be chargeable, by reason only of an acknowledgment or promise made or signed by any other or others of them. In actions against joint contractors, if the plaintiff be barred as to one or more of the defendants but be entitled to recover against any other or others of them, by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom he is entitled to recover, and for the other defendants against the plaintiff. 
 

Sources: Codes, Hutchinson's 1848, ch. 57, art. 6 (16); 1857, ch. 57, art. 21; 1871, § 2165; 1880, § 2688; 1892, § 2757; 1906, § 3118; Hemingway's 1917, § 2482; 1930, § 2318; 1942, § 748.