 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1847 - 612 pages
...shall be made or contained by or in some writing to be signed by the party chargeable thereby :" " provided always, that nothing herein contained shall...principal or interest made by any person whatsoever." Willis v. Newham, 3 Y. & J. 518, and other cases,(a) have decided that a verbal acknowledgment of payment... | |
 | John William Smith - Contracts - 1847 - 438 pages
...of the statute, unless such acknowledgment or promise shall be in writing ; " with this proviso, " that nothing herein contained shall alter or take...effect of any payment of any principal or interest." There have, accordingly, been many decisions as to what is a sufficient payment to bar the statute,... | |
 | Joshua Williams - Conveyancing - 1848 - 402 pages
...acknowledgment or promise made and signed by any other joint contractor ; but nothing therein contained is to alter, or take away, or lessen the effect of any payment...principal or interest made by any person whatsoever (p). However, no indorsement or memorandum of any payment written or made upon any promissory note,... | |
 | James Philemon Holcombe - Debtor and creditor - 1848 - 528 pages
...act, (c) with these two exceptions. 1. The English act provides that nothing in that act shall alter, take away, or lessen the effect of any payment of any principal or interest made by any person whomsoever. This is omitted from the Virginia statute. 2. The Virginia statute provides that every... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...ns to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them; provided always, that nothing herein contained shall alter or takeaway or lessen the effect of any payment of any principal or interest made by any person whatsoever... | |
 | John Pitt Taylor - Evidence (Law) - 1848 - 764 pages
...sess. 2, c. 6. (y) The act further provides, " that nothing therein contained shall alter or take away the effect of any payment of any principal or interest made by any person whatsoever ;" and"that, in actions to be commenced against two or more such joint contractors, or executors, or... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 1008 pages
...against all danger of such a construction being put upon it, there is a proviso in express terms, " that nothing herein contained shall alter, or take away, or lessen the effect of any payment of principal or interest," &c. Does not that leave the effect and proof of payment exactly as it was before... | |
 | John Simcoe Saunders - Civil procedure - 1851 - 776 pages
...chargeable in respect or by reason only of any written acknowledgment or promise, made and signed by nny other or others of them, provided always that nothing...provided also, that in actions to be commenced against any two or more of such joint contractors, or executors, or administrators, if it shall appear at the... | |
 | Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...shall be made or contained by or in some writing to be signed by the party chargeable thereby : . .... provided always, that nothing herein contained shall...principal or interest made by any person whatsoever." Cleave p. Jones. of the Statute of Limitations, 21 Jac. 1, c. 16. The cases in which the statute requires... | |
 | Law - 1851 - 536 pages
...interest, which was left exactly as it was before the statute passed, and besides there was a proviso that " nothing herein contained shall alter or take...principal or interest made by any person whatsoever." And although the effect of the decision will be to let in verbal evidence of payment on account, the... | |
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... provided always, that nothing herein contained shall alter, or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever... 
