 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1868 - 778 pages
...There is no substantial difference between this case and Tanner v. Smart (e), where the words were : " I cannot pay the debt at present, but I will pay it as soon as I can." [Bramicell, B. — Suppose a debtor said to his creditor, " I am sorry to continue in your debt, but... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1870 - 582 pages
...the note was produced to the defendant, and payment of it demanded, and that the defendant said : " I cannot pay the debt at present, but I will pay it as soon as I can." There was no proof of any ability on the part of the defendant to pay the debt, and after argument... | |
 | Charles George Walpole - Common law - 1880 - 382 pages
...that the conditional promise became absolute on Mrs. Jones' failure to pay. (a) [NOTE . The words " I cannot pay the debt at present, but I will pay it as soon as I can," were held to be insufficient to defeat the operation of the statute, in the absence of any proof of... | |
 | Charles George Walpole - Common law - 1880 - 382 pages
...that the conditional promise became absolute on Mrs. Jones' failure to pay. (a) [NOTE. The words " I cannot pay the debt at present, but I will pay it as soon as I can," were held to be insufficient to defeat the operation of the statute, in the absence of any proof of... | |
 | William Blackstone - Law - 1884 - 724 pages
...where many old English cases contra are cited and disapproved. But see Hall v. Bryan, 50 Md., 194. "I cannot pay the debt at present, but I will pay it as soon as I can," is not such a promise as to raise the bar without proof of ability. Tanner v. Smart, 6 B. & C., 603.... | |
 | Institute of Bankers (Great Britain) - Banks and banking - 1887 - 754 pages
...(8), where the (1) 7 Man. k О. 1061. (2) Law Вер. 6 Ch. 822. (3) 6 В. & С. 60S. words arc, " I cannot pay the debt at present, but I will pay it as soon as I can." It was held there that the acknowledgment was not sufficient to take the case out of the Statute without proof... | |
 | Charles George Walpole - Common law - 1891 - 398 pages
...held that the conditional promise became absolute on Mrs. Jones' failure to pay. (K) [NOTE. The words "I cannot pay the debt at present, but I will pay it as soon as I can," were held to be insufficient to defeat the operation of the statute, in the absence of any proof of... | |
 | Horace Gay Wood - Limitation of actions - 1893 - 584 pages
...held sufficient to take the case out of the statute. In Tanner ï. Smart, 6 B. & C. 603, in assunipsit brought to recover a sum of money, the defendant pleaded...the plaintiff to a verdict, no proof being given of tile defendant's ability to pay. In Scales v. Jacobs, 3 Biug. 638, to a plea of the statute of limitations... | |
 | Theophilus Parsons - Contracts - 1893 - 734 pages
...recover a sum of monev, the defendant pleaded the statute of limitations, and upon that issue w¡m joined. At the trial, the plaintiff proved the following...debt, at present, but I will pay it as soon as I can ; " licttt, that this was not sufficient to entitle the plaintiff to a verdict, no proof being given... | |
 | Jonathan George Norton Darby, Frederick Albert Bosanquet - Limitation of actions - 1893 - 896 pages
...six years before action brought, but within the six years the defendant was proved to have said : " I cannot pay the debt at present, but I will pay it as soon as I can," and there was no evidence of his ability to pay. It was held, after fully going into all the cases,... | |
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I cannot pay the debt at present, but I will pay it as soon as I can... 
