The Western Law Monthly Volume 1

The Western Law Monthly Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 edition. Excerpt: ...As to the nature and quality of the promise, or acknowledgment, sufficient to intercept the running of the statute, or to revive a debt after it had become barred by it, there have been, at diderent periods, great diversities in the current of decisions. An attempt has been made by the Code, to relieve this question of some of its embarrassments, by requiring the promise, or acknowiedgment to be in writing, signed by the party to be charged thereby.--Code, 24. The provision sufficiently defines the evidence by which the promise, or acknowledgment, must be proved, while it implies the purpose of the legislature to give greater efficacy to the statute of limitations, in barring the plaintiff's right to recovery after the statute term has run. But it falls much short of an attempt to declare what shall be the terms or substance of the acknowledgment, or promise, which, when put in writing and signed, will be eftectual. It must, however, to bring it within the terms of the statute, be " an acknowledgment of an existing liability, debt or claim, or a promise to pay the same." And the current of the decisions now is, that the promise, or acknowledgment, must be clear and unequivocal, leaving no ground for the implication of any reliance upon the statute or any other defence; it must, by the terms of the statute, be an acknowledgment of an " existing liability" or "a promise to pay." And these must be clear and distinct; at least the terms must be such as to leave no question of the intent of the party in making them. And, in one case, it has been held that a signature by an agent is sufficient.--Hyde v. Johnson, 2 Bing. N. C, 776; 29 E. C. L. R., 757. But the promise may be conditional; and in that case more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236485424
  • 9781236485427