| William Ballantine - Entail - 1829 - 652 pages
...show, " that the defendant was then of sufficient ahility to pay." Dame* vs. Smith, 4 Esp. Rep. 36. In assumpsit brought to recover a sum of money, the...debt at present* but I will pay it as soon as I can." Held, that this was But a promise to pay an executor cannot be given in evidence upon the issue of... | |
| Humphry William Woolrych - Commercial law - 1829 - 616 pages
...the same point arose almost immediately afterwards in the Court of King's Bench. The promise was, " I cannot pay the debt at present, but I will pay " it as soon as I can." No proof of the defendant's ability to pay was offered, and after a verdict for the plaintiff, the... | |
| Law reports, digests, etc - 1831 - 618 pages
...plaintiff to shew the defendant's ability to pay. Ay ton v. Bowles, я Law JCP 109, sc 4 Biug. 105. In assumpsit, brought to recover a sum of money, the...years: — " I cannot pay the debt at present, but 1 will pay it as soon as I can:" Held, that this was not sufficient to entitle the plaintiff to a verdict,... | |
| Law reports, digests, etc - 1831 - 956 pages
...plaintiff to shew the defendant's ability to pay. Avion v. Boiclei, 5 Law JCP 109, sc 4 Bing. 105. In assumpsit, brought to recover a sum of money, the...six years: — " I cannot pay the debt at present, hut I will pay it as soon as I can:" Held, that this was not sufficient to en < i tie the plaintiff... | |
| Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...Duties v. Smith, 4 Esp. 35 ; and see Betford v. Saunden, 2 H. Bl. 116. So where the promise was, " I cannot pay the debt at present, but I will pay it as soon as I can," the Court of King's Bench held that it was necessary for the plaintiff to show the defendant's ability... | |
| Joseph Chitty - Contracts - 1834 - 850 pages
...Moore, 305, SC which the Statute of Limitations was pleaded. The defendant was proved to have said, " I cannot pay the debt at present, but I will pay it as soon as I can.'" It was decided that as no proof was given of the defendant's ability to pay, the statute was a bar. In delivering... | |
| Great Britain. Court of Exchequer - Court rules - 1835 - 1150 pages
...&c. In EDMUNDS v. Tanner v. Smart (a), the defendant's acknowledgment DOWMES. was jn these terms : " I cannot pay the debt at present, but I will pay it as soon as I can." Those words implied non-ability to pay at the time, and the promise was therefore held conditional... | |
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