...memorandum was admissible in evidence without a stamp. Tompkins v. Ashlty, E. 8 G. 4. Page 541 17. In assumpsit brought to recover a sum of money, the...joined. At the trial the plaintiff proved the following acknowledgement by the defendant within six years : " I cannot pay the debt at present, but I will...

...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...

...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...

...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,...

...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...

...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...

...would pay as soon as he had it in his power to do so." In the case referred to, the defendant says—" I cannot pay the debt at present; but I will pay it as soon as I can." The most acute and discriminating mind cannot form a distinction between the effect of the two expressions....

...assumpsit, it was proved that the defendant within six years said, on being applied to for payment, " I cannot pay the debt at present, but I will pay it as soon as I can :" and it was held that this was not a sufficient acknowledgment to take the case out of the statute...

...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...

...&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...