The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 92

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...therefore, must be overruled. In answer to an application for payment of a debt, the debtor wrote: " I hope to be in H. soon, when I trust everything will be arranged with W. (the creditor) agreeable to her wishes" Held, a suflicient promise to take the case out of the Statute of Limitations. THE testator, Charles Lipscomb, was indebted to Mrs. Wells on two promissory notes, signed by him; one for 1501. dated the 25th March, 1836, payable three years after date, the other, for 300l., was of the same date, payable four years after date. The testator paid interest on these promissory notes down to the 25th of March, 1841. He died in December, 1846. After his death a decree for administration was made on the 1st of April, 1847. Mrs. Wells went in before the Master and claimed the amount of the two promissory notes and interest, and the question was, whether the notes were barred by the Statute of Limitations. To overcome this objection an aflidavit was produced, which stated, that in July, 1846, the witness, by direction of Mrs. Wells, applied to the testator requiring payment of the notes, and that he received the following answer, dated the 18th of July, 1846: " Ihope to be in Hampshire very soon, when I trust everything will be arranged with Mrs.Wells agreeable to her wishes. I shall most likely want to consult you respecting my little property there, as I have an idea of parting with 'it, as I understand it has been very much neglected; being such a. distance from me, it's impossible to attend to it as I could wish. If anything happens to me, you may tell Mrs. Wells she is in very good hands, and will be protected." The Master found, that Mrs. Wells was entitled to the principal and interest secured by...show more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236924312
  • 9781236924315