Sufficient Acknowledgments-continued. acknowledgment of the defendant's set-off. (1840.) Waller v. Lacy, 1 Scott N. R. 186. Recital in a deed executed by A. & B., that A. was indebted to B. in various sums, the amount of which was not ascertained, and a balance not yet struck, and that A. was willing to pay B. the amount which might appear to be due in respect of such sum, to be ascertained and paid as thereinafter mentioned-provision that account should be taken by the arbitration of two persons named in the deed. £5000 reserved by the deed for the payment of the sum that should be found to be due. Held (coupled with extrinsic parol evidence as to amount), sufficient to take the debt out of the statute. (1840.) Cheslyn v. Dalby, 4 Y. & C. Exch. 238. Bill of exchange given by a bankrupt to a creditor in consideration of advance of money made more than six years before the bill. Sufficient acknowledgment. (1841.) Ex parte Wilson, 1 Mont. D. & De G. 586. "I do not desire that you, or any one of my creditors, should lose what I owe them; on the contrary, it is very much my wish not only to pay my debts, but interest upon them, if I can. As you have mentioned the Limitation Act . . . I answer at once by saying that I am ready to put it out of my power to take advantage of that Act, and will immediately give you my note for whatever amount is due to you. To pay you now, or within the year, I am utterly unable. I am utterly unable. I really have not, as you imagine, received £600. . . nor anything like that sum. . . It is, of course, indispensable that the exact sum I owe you should be fixed, whether you accept my note or not. I have clearly shewn you in a former letter that your account is not in accordance with the estimate upon which you agreed to do the work. . . If you really cannot PART I. CH. IV. PART I. STATUTES OF LIMITATIONS. Sufficient Acknowledgments-continued. produce the original estimate, or the rough draft of it, certainly it is reasonable that more (and considerable) deduction should be made from your charges. . . You will perhaps say what deduction you are prepared to make; and I shall be glad if it be such as will allow me, with justice to my other creditors, to give you my note for the amount, or, if it be possible, to borrow it from a friend, which I have a hope of doing, and wipe the account entirely out of your books. . . . I am fully sensible of and thankful for the forbearance you have shown; but I cannot move a step in the way to give you satisfaction, and do justice to my other creditors, until the sum actually due to you is ascertained." (1842.) Gardner v. M'Mahon, 3 Q. B. 561. "What she (the principal debtor) may be short, I (the surety) will assist to make up." Sufficient on proof of non-payment by principal debtor. (1845.) Humphreys v. Jones, 14 M. & W. 1. "You must allow me a little time to manage with you about the £400 your mother gave me the receipt for." (1850.) Martin v. Geoghegan, 13 Ir. L. R. 403. .. "Should I receive the mortgage of Mr. Lynch, I will then be able to settle with you. You may be assured that I am anxious our accounts should be arranged as soon as possible; nothing delays it but my having the means, which the Barna business, if settled, would enable me to do." Sufficient on proof that the Barna mortgage debt (mortgage of an estate of Mr. Lynch's at Barna to the writer of the letter) was paid off within six years before action. (1851.) Maunsell v. Hedges, 2 Ir. C. L. Rep. 88. Action on promissory notes. Application made for Sufficient Acknowledgments—continued. payment. Defendant wrote:-"I hope to be in H. very soon, when I trust everything will be arranged with W. (the creditor) agreeable to his wishes." The M.R. (Sir John Romilly) said that the letter, taken in conjunction with the application, could mean nothing but a promise to arrange the debt by payment of what was actually due. (1852.) Edmonds v. Goater, 15 Beav. 415. A., to whom B. owed £200, secured by a promissory note of B. and two sureties, bought goods from B. to the value of £17. B. sent to A. £10 for interest on the money borrowed, and with it his bill for the £17 worth of goods. A. answered, "I beg to acknowledge the receipt of £10 cash and a bill amounting to £17, both of which sums I have placed to your credit. I have enclosed your bill; receipt it, and return the same by post." It did not appear whether B. ever sent back the bill receipted. The £200 with interest was afterwards paid by the sureties, and credit given for the £10, but not for the £17. B. sued the personal representative of A. for £17. The letter was held a sufficient acknowledgment of A.'s debt for £17 to B. (1853.) Evans v. Simon, 9 Exch. 282; 23 L. J. Exch. 16. Plaintiff, having a claim for an account against defendant and his partner, wrote to defendant: "C. (defendant's partner), before he goes, ought to settle the B. & M. account, because if he is under any idea that there is a balance due to him, he is grossly mistaken." Defendant writes in answer :- "B. & M. I have had a long talk with my partner about this matter. He says and insists that there is a large balance coming to him; but I have put the matter right with him, and you and I must go into it and settle the account. I have allowed him a sum to satisfy him, as, if you remember, there was £1000 paid to you for your preliminary expenses to be РАКТ 1. CH. IV. PART I. Sufficient Acknowledgments-continued. accounted for. It is necessary we should sit down to this matter and put it on the square." Held, sufficient acknowledgment of the right to an account, and promise to pay anything that might be due to save the right to sue for an account in equity from being barred by the statute. (1854.) Prance v. Sympson, Kay, 678. ... Promissory note given in 1834. Letter written by debtor in 1848, within six years of action brought :"In my visit to you when I was at K., I purposed noticing the pecuniary obligation my dearest wife and myself were under to you, when my sudden departure deprived me of this opportunity. This money will be forthcoming whenever you require it, and indeed would have been liquidated long ago had not all my available funds been swallowed up. . . . The first opportunity I shall make it a point to repay you, with the grateful acknowledgments due to you; and, to prevent accidents or uncertainty, I have long previous to this mentioned the amount in my will to be paid to you. Believe me that, with my best acknowledgments, I own myself answerable for this debt; and, if it will suit you to grant me a little longer credit, I will most cheerfully discharge the amount to your order." In absence of proof of any other debt, the letter was held to be an acknowledgment of the promissory note. (1854.) Spickernell v. Hotham, Kay, 669. "I regret much the necessity of Mr. Briggs's proceedings against me . . . as Adlard's executor; but what can I do between two fires? The legatees... threaten me, or at least do not assent to my paying Mr. Briggs's claim, though I confess I think it just in law and equity. I have therefore only to say, the sooner the Court decide the matter the better shall I be satisfied." "I not only do not dispute Mr. Briggs's claim, but I admit it, thinking the claim just. But I am compelled to refuse Sufficient Acknowledgments—continued. payment without an order of Court; and I much regret the necessity." Held, sufficient by Knight Bruce, L.J.; Turner, L.J., contra. (1854.) Briggs v. Wilson, 5 De G. M. & G. 12. "I shall repeat my assurance to you of your being repaid your generous loan. Let matters remain as they are for a short time longer, and all will be right.” (1857.) Collis v. Stack, 1 H. & N. 605; 26 L. J. Exch. 138. "I have received your bill. It does not, I think, specify sufficiently to which cottages the work is done. ... I shall feel obliged if you will more particularly explain, and take your agreements to H. (defendant's agent). It is my wish to settle your account immediately; but being at a distance, I wish everything very explicit and correct. I have asked H. to mark the agreements and send them to me, and I will return them by the first post with instructions to pay if correct." The jury found that the work was done. Held, sufficient acknowledgment. (1857.) Sidwell v. Mason, 2 H. & N. 306; 26 L. J. Exch. 407. "I was always anxious to settle accounts with Mr. Holmes, he having received £3200 on my account. I gave Mr. Holmes a list of creditors I wished paid. If Mrs. Holmes can prove I owed her late husband any money for costs, or otherwise, I am willing to have it settled at once This is easily done by producing the receipts for the amount of money he had of mine in his hands, £3200." Held, a promise not qualified by a condition. (1858.) Holmes v. Smith, 7 Ir. C. L. Rep. 461; 8 Ir. C. L. Rep. 424. ... "In reply to your statement of account I am ashamed PART I. CH. IV. |