| James Ram - Debtor and creditor - 1835 - 642 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, however, of any ability on the part of the defendant to pay the debt. A verdict... | |
| Patrick Brady Leigh - Nisi prius - 1838 - 774 pages
...proved tute, must an acknowledgment by the defendant within six years, in these be con- words: — " I cannot pay the debt at present, but I will pay it formable as soon as I can;" held, not sufficient to entitle the plaintiff to to one of recover without... | |
| Joseph Chitty - Contracts - 1841 - 1040 pages
...convenient to pay, and also, it seems, that a settlement had taken place (o). 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... | |
| Henry Roscoe - Evidence (Law) - 1844 - 910 pages
...settlement had taken place. Edmunds v. JJoumt, 4 Tyr. 73. So where the promise was, " I cannot pay the duM 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... | |
| William Tidd - Civil procedure - 1856 - 838 pages
...the trial, the plaintiff proved the following acknowledgment by the defendant, within six years, " I cannot pay the debt at present, but I will pay it as soon as I can ;" the court held, that this was not sufficient to entitle the plaintiff to a verdict, no proof being given... | |
| Ireland. High Court of Chancery - Law reports, digests, etc - 1858 - 712 pages
...became due in 1816. In 1819, the defendant, the maker of the note, on being asked for payment, said, " I cannot pay the debt at present, but I will pay it as soon as I can." In that case, there was no doubt but that the defendant admitted the existence of the debt. On a full... | |
| Law reports, digests, etc - 1858 - 740 pages
...became due in 1816. In 1819t the defendant, the maker of the note, on being asked for payment, said, " I cannot pay the debt at present, but I will pay it as soon as I can." In that case, there was no doubt but that the defendant admitted the existence of the debt. On a full... | |
| Law - 1858 - 806 pages
...1810 the note was produced to the defendant, and payment demanded. The defendant said, I cannot pay it at present, but I will pay it as soon as I can. There was a verdict for the plaintiff, and the question was, whether the saying. 1 cannot pay it at... | |
| William Selwyn - Nisi prius - 1861 - 840 pages
...with it, for there was not any acknowledgment, but the contrary, that the debt ever existed (z). Where the acknowledgment proved was, " I cannot pay the debt at present, but I'll pay it as soon as I can," it was held, that such an acknowledgment, without proof of any ability,... | |
| |