| William Selwyn - 1827 - 834 str.
...raise that which in its terms was a qualified promise, into one that was absolute and unqualified. Upon a general acknowledgment, where nothing is said...general promise to pay may and ought to be implied ; but where the party guards his acknowledgment, and accompanies it with an express declaration to prevent... | |
| Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - 1828 - 804 str.
...conditional promise, and when the proof of ability should have been given, but not before, an absolute one. Upon a general acknowledgment, where nothing is said...promise to pay may, and ought to be, implied; but where the party guards his acknowledgment, and accompanies it with an express declaration to prevent... | |
| Great Britain. Court of Exchequer - 1834 - 1058 str.
...a new promise, and affords a new cause of action. In the latter part of that judgment it is said, " Upon a general acknowledgment, where nothing is said...general promise to pay may and ought to be implied ; but where the party guards his acknowledgment, and accompanies it with an express declaration, to prevent... | |
| Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 952 str.
...a situation to pay.] In Tanner v. Smart, Lord Tenterden drew the true distinction, and said (6), " Upon a general acknowledgment, where nothing is said...general promise to pay may and ought to be implied; but where the party guards his acknowledgment, and accompanies (a) \ Esp. Rep. 436. (6) 6 Barn. & Cress.... | |
| John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 str.
...plaintiff of the defendant's ability to pay. " Upon a general acknowledgment," said Lord Tenterden (A), " where nothing is said to prevent it, a general promise to pay may and ought to be implied ; but, where the party guards his acknowledgment and accompanies it with an express declaration to prevent... | |
| Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1834 - 918 str.
...acknowledgment is evidence of a new promise, and constitutes a new cause of action. It was there laid down, that, upon a general acknowledgment, where nothing...promise to pay may, and ought to be, implied ; but where the party guards his acknowledgment, an implication will not arise. Thus a refusal to pay will... | |
| Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1834 - 906 str.
...acknowledgment is evidence of a new promise, and constitutes a new cause of action. It was there laid down, that, upon a general acknowledgment, where nothing...promise to pay may, and ought to be, implied ; but where the party guards his acknowledgment, an implication will not arise. Thus a refusal to pay will... | |
| Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 str.
...a new promise, and affords a new cause of action. In the latter part of that judgment it is said, " Upon a general acknowledgment, where nothing is said...general promise to pay may and ought to be implied ; but where the party guards his acknowledgment, and accompanies it with an express declaration, to prevent... | |
| Joseph Chitty - 1834 - 850 str.
...show to demonstration that the debt has never been paid, and is still subsisting, it has no effect." " Upon a general acknowledgment, where nothing is said...general promise to pay may, and ought to be implied; but where the party guards his acknowledgment, and accompanies it with an express declaration to prevent... | |
| Great Britain. Court of Common Pleas, Sir William Hodges - 1836 - 508 str.
...collected in the judgment of Lord Tenlerden, CJ, in Tanner v. Smart (d), and his lordship there says, " Upon a general acknowledgment, where nothing is said...general promise to pay may and ought to be implied ; but when the party guards his acknowledgment, and accompanies it with an express declaration to prevent... | |
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