 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1836 - 580 pages
...or be accompanied with some proof of a clear and explicit promise to pay. If there be accompanying circumstances, which repel the presumption of a promise...intention to pay ; if the expression be equivocal, vague, undeterminate, leading to no certain conclusion, but at most to probable inferences, which may affect... | |
 | N. Saxton, New Jersey. Court of Chancery - Equity - 1836 - 766 pages
...a previous subsisting debt, which the party is liable and willing to pay. If there be accompanying circumstances, which repel the presumption of a promise or intention to pay ; if the expressions be equivocal, vague and indeterminate, leading to no certain conclusion, but at best to... | |
 | Indiana. Supreme Court, Isaac Newton Blackford - Law reports, digests, etc - 1844 - 668 pages
...a previous, subsisting debt, which the party is liable and willing to pay. If there be accompanying circumstances which repel the presumption of a promise or intention to pay, if the expressions be equivocal, vague, and indeterminate, leading to no certain conclusion, but at best to... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1844 - 896 pages
...previous subsisting debt, which the party is liable and willing to pay. If there be any accompanying circumstances which repel the presumption of a promise, or intention to pay; if the expressions be equivocal, vague. and indefinite, leading to no certain conclusion, but at best, to... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1845 - 1058 pages
...of a promise or intention to pay; if the expressions be equivocal, vague, and indeterminate, tending to no certain conclusion, but at best to probable...which may affect different minds in different ways, we think they ought not to go to the jury as evidence of a new promise to revive the cause of action."... | |
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...497. * Angell on Limitations, ch. 20. party is liable and willing to pay. If there be accompanying circumstances, which repel the presumption of a promise or intention to pay ; or, if the expressions be equivocal, vague, and indeterminate, leading to no certain conclusion,... | |
 | William Wetmore Story - Contracts - 1856 - 848 pages
...previous subsisting debt, which the party is liable and willing to pay. " If there be accompanying circumstances which repel the presumption of a promise or intention to pay; if the expressions be equivocal, vague, and indeterminate, leading to no certain conelusion, but at best to... | |
 | Iowa. Supreme Court, George Greene (Reporter) - Law reports, digests, etc - 1857 - 646 pages
...a present subsisting debt, which the party is" liable and willing to pay. If there be accompanying circumstances, which repel the presumption of a promise, or intention to pay, or if the expression be equivocal, vague and indeterminate, leading to no certain conclusion, but at... | |
 | Austin Abbott - Civil procedure - 1858 - 610 pages
...of a present subsisting debt which the party is liable and willing to pay. If there be accompanying circumstances which repel the presumption of a promise or intention to pay, &c., they ought not to go to the jury as evidence of a new promise." The Code also requires that all... | |
 | Alexander Ralston Tiffany - Justices of the peace - 1859 - 656 pages
...subsisting debt, which the party is liable and willing to pay. If there be accompanying circumstances that repel the presumption of a promise or intention to pay ; if the expression be equivocal, vague and indeterminate, leading to no certain conclusion, but at best to probable inferences, which may... | |
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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 party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting debt, which the party is liable... 
