 | William Selwyn - 1827 - 834 Seiten
...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...implied ; but where the party guards his acknowledgment, and accompanies it with an express declaration to prevent any such implication, why shall not the rule... | |
 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - 1828 - 804 Seiten
...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...implied; but where the party guards his acknowledgment, and accompanies it with an express declaration to prevent any such implication, why shall not the rule... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 952 Seiten
...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...implied; but where the party guards his acknowledgment, and accompanies (a) \ Esp. Rep. 436. (6) 6 Barn. & Cress. 609. 1830. it with an express declaration... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 Seiten
...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...implied ; but, where the party guards his acknowledgment and accompanies it with an express declaration to prevent any such implication, why shall not the rule... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 Seiten
...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...implied ; but where the party guards his acknowledgment, and accompanies it with an express declaration, to prevent any such implication, why shall not the... | |
 | Joseph Chitty - 1834 - 850 Seiten
...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...implied; but where the party guards his acknowledgment, and accompanies it with an express declaration to prevent any such implication, why should not the... | |
 | Great Britain. Court of Common Pleas, Sir William Hodges - 1836 - 508 Seiten
...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... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1836 - 856 Seiten
...signed, and which did not specify the amount of his debt. But in Tanner v. Smart, Lord Tenterden said, " Upon a general acknowledgment, where nothing is said...general promise to pay may, and ought to be implied." Dabbs v. Humphries (d) is in accordance with that ; and there is nothing in the Defendant's letters... | |
 | Patrick Brady Leigh - 1838 - 928 Seiten
...29. promise, and when the proof of ability should have been gi^en, but not before, an absolute one. Upon a general acknowledgment, where nothing is said...implied ; but where the party guards his acknowledgment and accompanies it with an express decl* ration to prevent any such implication, why should not the... | |
 | Patrick Brady Leigh - 1838 - 774 Seiten
...•promise, and when the proof of ability should have been given, * 1256 but not before, an absolute one. Upon a general acknowledgment, where nothing is said...implied; but where the party guards his acknowledgment and accompanies it with an express declaration to prevent any such implication, why should not the... | |
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... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied... 
