 | 1836 - 544 Seiten
...OF. (JVeu, promise.) When a case is to be taken out of the statute of limitations by a new promise to be raised by implication of law from the acknowledgment...to contain an unqualified and direct admission of a subsisting debt, which the party is liable and willing to pay. Iiiimtill v. Copp 5 NH 154. LOST DEED.... | |
 | N. Saxton, New Jersey. Court of Chancery - 1836 - 766 Seiten
...delivered by justice Story. After reviewing all the principal cases, he lays down the following rule: — "If there be no express promise, but a promise is...of law from the acknowledgment of the party, such an acknowledgment ought to contain an unqualified and direct admission of a previous subsisting debt,... | |
 | Alabama. Supreme Court - 1845 - 1058 Seiten
...to have been made, within the time prescribed by the statute." In the former case, the Court says, " if there be no express promise, but a promise is to...acknowledgment of the party, such acknowledgment ought to be certain, an unqualified and direct admission of a previous subsisting debt,which the party is liable... | |
 | Georgia. Supreme Court - 1849 - 680 Seiten
...Courts of Justice such support as would make it what it was intended to be— a Statute of repose. [2 ] If there be no express promise, but a promise is to...such acknowledgment ought to contain an unqualified admission of a present subsisting debt, which the party is liable to pay, and not merely that the debt... | |
 | John Bouvier - 1854 - 674 Seiten
...proved by parol evidence. But it is indispensable that there should be an express promise ; it may be raised by implication of law, from the acknowledgment of the party. To be valid, such acknowledgment must contain an unqualified and direct admission of a present subsisting... | |
 | Austin Abbott - 1858 - 610 Seiten
...any person representing him, it was not sufficient. If there be no express promise, but a promise is raised by implication of law ' from the acknowledgment...to contain an unqualified and direct admission of a present subsisting debt which the party is liable and willing to pay. If there be accompanying circumstances... | |
 | Joseph Kinnicut Angell - 1861 - 724 Seiten
...11 Wheat. (TJ. S.), R- 309. 8 Bell v. Morrison, 1 Peters (US), R. 351. » be no express promise, and a promise is to be raised by implication of law, from the acknowledgment of the party, s\j$h an acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting... | |
 | Benjamin Robbins Curtis, United States. Supreme Court - 1864 - 652 Seiten
...ought to be proved in a clear and explicit manner, and be in its terms unequivocal and determinate." *If there be no express promise, but a promise is to be [ * 93 ] raised by implication of law from the acknowledgment of the party, such acknowledgment ought... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1866 - 724 Seiten
...only exposition of the statute which, is consistent with its true object and import." He then says : " If there be no express promise, but a promise is to...to contain an unqualified and direct admission of the previous subsisting debt which the party is liable and willing to pay." At the conclusion of the... | |
 | Joseph Kinnicut Angell, John Wilder May - 1869 - 756 Seiten
...explicit mauner, and be in its terms unequivocal and determinate. And if there be no express promise, and a promise is to be raised by implication of law, from the acknowledgment of the party, such an acknowledgment ought to contain an unqualified and direct admission of a previous subsisting debt,... | |
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If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the partv, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting debt, which the party is liable... 
