 | William Selwyn - 1827 - 834 halaman
...was a qualified promise, into one that was absolute and unqualified. Upon a general acknowledgment, where nothing is said to prevent it, a general promise...prevent any such implication, why shall not the rule expresmm cessare facit tacitum apply ? Turner v. Stuart, BRET 8 G. 4. 6 B. & C. Bankrupt, p. 222. —... | |
 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - 1828 - 804 halaman
...of ability should have been given, but not before, an absolute one. Upon a general acknowledgment, where nothing is said to prevent it, a general promise...such implication, why shall not the rule " expressum 1827. facit cessare taciturn" apply ? In Bicknett v. KeppeU(a], "~~~" where the question was, whether... | |
 | William Selwyn - 1831 - 774 halaman
...was a qualified promise, into one that was absolute and unqualified. Upon a general acknowledgment, where nothing is said to prevent it, a general promise...such implication, why shall not the rule expressum cessare facit taciturn apply ? Tanner \. Smart, 6 B. and C. 603. See Acourt v. Cross, 3 Bingh. 32<>.... | |
 | Great Britain. Court of Exchequer - 1834 - 1058 halaman
...new cause of action. In the latter part of that judgment it is said, " Upon a general acknowledgment, where nothing is said to prevent it, a general promise...the rule ' expressum facit cessare taciturn ' apply ?" Thus a positive refusal to pay will prevent such implication, and the like where the promise is... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 952 halaman
...Moore, 198 ; SC (c) 6 Barn. & Cress 609. said to prevent it, a general promise to pay may and 1P30. ought to be implied; but, where the party guards his...implication, why shall not the rule ' expressum facit cessare tacitum' apply?" And in Fearn v. Lewis the promise was as follows: — "As aoon as my situation will... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 948 halaman
...v. Smart, Lord Tenterden drew the true distinction, and said (6), " Upon a general acknowledgment, where nothing is said to prevent it, a general promise...the party guards his acknowledgment, and accompanies (a) 1 Esp. Rep. 436. (b) 6 Barn. & Cress 609. 1830. it with an express declaration to prevent any such... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 halaman
...new cause of action. In the latter part of that judgment it is said, " Upon a general acknowledgment, where nothing is said to prevent it, a general promise...the rule ' expressum facit cessare taciturn ' apply ?" Thus a positive refusal to pay will prevent such implication, and the like where the promise is... | |
 | Joseph Chitty - 1834 - 850 halaman
...Ante, 628. TT promises laid in the declaration to pay the original debt. From a general acknowledgment, where nothing is said to prevent it, a general promise...implied ; but where the party guards his acknowledgment, an implication will not arise. Although there be the most distinct admission of the debt, yet if it... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1834 - 906 halaman
...and constitutes a new cause of action. It was there laid down, that, upon a general acknowledgment, where nothing is said to prevent it, a .general promise...implied ; but where the party guards his acknowledgment, an implication will not arise. Thus a refusal to pay will prevent the implication of a promise arising... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1834 - 918 halaman
...and constitutes a new cause of action. It was there laid down, that, upon a general acknowledgment, where nothing is said to prevent it, a general promise...implied ; but where the party guards his acknowledgment, an implication will not arise. Thus a refusal to pay will prevent the implication of a promise arising... | |
| |
... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied... 
