| Leonard Shelford, Great Britain - 1863 - 926 páginas
...Statute of Limitations, is that of a promise to pay the old debt, and for this purpose the old debt may be said to be revived. It is revived as a consideration...from that simple acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the... | |
| Great Britain. Court of Exchequer - 1868 - 778 páginas
...Lewis (d). The true principle is thus stated by Sir J. Wigram, VC, in Phillips v. Phillips (e) : — " If a debtor simply acknowledges an old debt, the law...from that simple acknowledgment a promise to pay it ; for which promise the whole debt is a sufficient consideration. But if the debtor promises to pay... | |
| 1888 - 564 páginas
...this purpose the old debt is a consideration in law. In that sense, and for that purpose the old debt may be said to be revived. It is revived as a consideration for a now promise. Bnt the new promise, and not the old debt, is the measure of the creditor's right. If... | |
| Great Britain. Courts - 1872 - 658 páginas
...effect of acknowledging a debt barred by the Statute of Limitations is to revive it for all purposes." " The new promise, and not the old debt, is the measure of the creditor's right." » If the debtor promises to pay the old debt when he is able, or by in^,1 ,«, stalments, or in two years,... | |
| Leonard Shelford, Great Britain, Thomas Henry Carson - 1874 - 936 páginas
...Statute of Limitations, is that of a promise to pay the old debt, and for this purpose the old debt may be said to be revived. It is revived as a consideration...from that simple acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the... | |
| Nathaniel Cleveland Moak - 1877 - 916 páginas
...for this the old debt is a consideration in law. In that sense, and for that purpose, the old debt may be said to be revived. It is revived as a consideration for the new promise. But the new promise, and not the old debt, is the measure of the creditor's right.... | |
| Canada law reports - 1878 - 772 páginas
...debt may be said to be revived. It is viewed as a consideration for a new promise. If the creditor simply acknowledges an old debt, the law implies from that simple acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration. This is the language of Vice-Chancellor... | |
| John Hutchison - 1881 - 568 páginas
...Vice-Chancellor Wigram in Phillips v. Phillips, 3 Hare, 281, that the result of that doctrine is that the new promise and not the old debt is the measure of the creditor's right." It may be observed, with reference to the first portion of Statute of the terms of the enactment, sec.... | |
| Horace Gay Wood - 1882 - 990 páginas
...pleaded, he may reply the new promise. l 3 Bing. 829. «—f/t* L,/»"| §68.] ACKNOWLEDGMENTS. sideration for a new promise. But the new promise and not the...from that simple acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the... | |
| 1893 - 1176 páginas
...debt is a confederation In law. In that sense, and for that purpose, the old debt may be said to lie revived. It is revived as a consideration for a new...creditor's right. If a debtor simply acknowledges un old debt, the law implies from that simple acknowledgment a promise to pay it, for which promise... | |
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