in  his  accounting,  put  the  creditor  in  no  better  position  than  he
would  have  occupied  had  he  mude  a  similar  demand  of  the  decedent
in  his  lifetime,  and  obtained  from  him  his  verbal  acknowledgment
of  continued  indebtedness ;[',']  such  acknowledgment  would  not
have  availed  him.  [']

An  acknowledgment,  to  take  a  debt  out  of  the  statute  of  limitations^
must  be  made  to  the  creditor,  or  to  some  one  acting  for  him,  or  if
made  to  a  third  person,  must  be  calculated  and  intended  to  influ-
ence the  action  of  the  creditor.  [^]  Accordingly  Ueld,  that  the  alle-
gation of  an  administrator  in  his  answer,  in  a  proceeding  instituted

-    by  creditors  for  the  payment  of  their  claims,  to  which  a  judgment
creditor  of  the  decedent  was  not  a  party,  of  the  existence  of  such
judgment  and  that  it  was  entitled  to  priority  of  payment  over  the
Vol.  VIL— 18


274  CIVIL    PROCEDURE    REPORTS.
Estate  of  Kendrick.
claims  of  said  creditors,  was  not  such  an  acknowledgment  of  the
judgment  as  to  give  it  new  vitality. [*]

Any  person  interested  in  a  decedents  estate  as  creditor  or  next-of-kin,
is  entitled  to  object  to  a  claim,  on  the  ground  that  it  is  barred  by
the  statute  of  liniitatious,  even  without  the  administrator's  co-
operation and  against  his  wishes.  [']

{Decided  February  16,  1885.)

Accounting  of  the  administrator,  &c.,  of  Edward
K.  Kendrick,  deceased.
The  facts  are  fully  stated  in  the  opinion.
