Sufficient Acknowledgments-continued.

The plaintiffs were the executors of A. and the defendant the executor of B. On November 19th, 1882, A. lent B. £3000 for the purpose of buying a seat on the New York Stock Exchange. In 1885 B. wrote to A.'s son, one of the plaintiffs: "The great kindness of your father on every occasion, and more especially the money that he loaned me to purchase my seat on the New York Stock Exchange, place me now in your debt... . . I must now leave it entirely to your generosity whether you will have me liquidate the loan I have mentioned on the sale of my seat in New York." The plaintiff replied that he and his co-executor could not forego the payment of the £3000. Action brought in December, 1888. Held, conditional promise to pay upon the sale, and, as sale had taken place, debt was taken out of the statute. (1889.) Duke of Buccleugh v. Eden, 61 L. T. 360.

Insufficient Acknowledgments.

"B. (the plaintiff) quitted my service in 1816. I owed him six guineas, but I have his receipt in full of all demands; I shall search for it, and I shall let you know in the event of my not being able to find it." (1827.) Brydges v. Plumptre, 9 D. & R. 746.

1.O.U. £100. CHAS. ROBARTS, 30th July, 1821.

August 17th. Received £50. CHAS. ROBARTS. The last item above was within the six years. Held, that it was not an acknowledgment sufficient to take the £100 out of the statute. (1828.) Robarts v. Robarts, 1 M. & P. 487.

Defendant said he would help the plaintiff to £5 if he could. Debt £20. Ability not proved. (1829.) Gould V. Shirley, 2 M. & P. 581.

G

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PART I.
CH. IV.

Insufficient Acknowledgments-continued.

"In the present stage of my affairs I shall feel much indebted to Mr. F. (plaintiff) to withdraw his outlawry; and as soon as common decency and my situation will allow, Mr. F.'s claim, with that of others, shall receive that attention that, as an honourable man, I consider them to deserve, and it has been and is my intention to pay them. I cannot conclude without saying I must be allowed time to arrange my affairs; and if I am proceeded against, any exertion of mine will be rendered abortive."

"I am ready and willing to do anything and everything to satisfy Mr. F. and all my creditors; and my only regret is, that by the way my father has left me, I am totally unable to do more than give up (which I do by deed) almost the whole of my income to my creditors, and no man can do more. I am not worth one pound." (1830.) Fearn v. Lewis, 6 Bingh. 349.

Letter written, "which is not to be used in prejudice of my rights now or in any future arrangement that may be made or instituted." Not sufficient acknowledgment. Clearly a conditional statement, per Tindal, C.J. (1830.) Cory v. Bretton, 4 C. & P. 462.

Defendant wrote that he was incapable then of paying the money, but he would pay as soon as he had it in his power to do so. No evidence of ability. (1830.) Haydon v. Williams, 7 Bingh. 163.

"We are waiting a remittance from Liverpool against beef we sent to sell, and when it comes we shall send you the amount of the bill, and thanks for waiting since it became due." No evidence of the remittance having been received. (1831.) Hodgens v. Graham, Alcock &

Napier, 49.

Defendant, by a deed reciting that he was indebted to

Insufficient Acknowledgments-continued.

the plaintiff and others, assigned his property to plaintiff
and another in trust, to pay all such creditors as should
sign the schedule of debts annexed. Proviso, that if all
did not sign, the deed should be void. Plaintiff never
signed, nor was the amount of his debt stated.
Kennett v. Milbank, 8 Bingh. 38.

(1831.)

"I have hitherto deferred writing to you regarding your demand upon me, in consequence of some family arrangements through which I should be enabled to discharge your account and which were in progress not having been completed. An appointment of sufficient funds has been made for this purpose of which A. is one of the trustees, to whom I have given a statement of your account. It will, however, be unavoidable that some time must elapse before the trustees can be in cash to make these payments, but I have A.'s authority to refer you to him for any further information you may deem requisite on this subject." (1832.) Whippy v. Hillary, 3 B. & Ad. 399.

"I do hereby charge my reversionary interest when the same shall fall into possession and be rendered available to my use with the payment of the sum of £108 8s. 9d. to Mr. M. (the plaintiff), to carry lawful interest." Insufficient acknowledgment that £108 8s. 9d. was owing. (1833.) Martin v. Knowles, 1 Nev. & Man. 421.

"In reply to your application of the 19th inst. for the payment of £89 10s. 11 d. to B. (plaintiff), I beg to say that it is a claim I am by no means prepared to admit to the full extent, and to make the following observations respecting it. Of that sum £68 3s. 8d. is made up of items for business and materials stated to have been done and furnished between the years 1817 and 1824, a period during which I was concerned in two successive

PART I.

CH. IV.

PART 1.
CH. IV.

Insufficient Acknowledgments continued.

partnerships, to one or other of whom the accounts B. (plaintiff) was entitled to recover ought to have been charged. Having at different times wound up both those concerns, and quitted Carmarthen as long back as 1824, I was surprised to receive B.'s bill in 1829, five years afterwards. And it is certainly a little strange that he should then send me a charge of so old a date, when, if any account was due, it could hardly be expected that the means would remain of ascertaining its correctness. I cannot, therefore, allow that I am liable to pay any part of the account previous to the year 1825; but, as I anticipate being in Carmarthen shortly, I will then communicate with B. personally respecting it." Cheque sent for remainder. Held, insufficient to take £68 3s. 8d. out of the statute. (1833.) Brigstocke v. Smith, 1 C. & M. 483.

66

"I shall be happy to pay you both interest and principal as soon as convenient." No evidence of ability. (1834.) Edmunds v. Downes, 2 C. & M. 459.

"You know I gave up all my affairs, and therefore I consider I have nothing to do with your claim, nor shall I; I wish you would make me bankrupt. I would rather go to gaol than pay you in preference to others." (1835.) Linsell v. Bonsor, 2 Bingh. N. C. 241.

“I will see D. or write to him. I have no doubt he has paid it (the debt); if by chance he has not paid it, it is very fit it should be." (1837.) Poynder v. Bluck, 5 Dow. P. C. 570.

"Since the receipt of your letter (and, indeed, for some time previously), I have been in almost daily expectation of being enabled to give a satisfactory reply to your first application respecting the demand of M. (plaintiff) against me. I propose being in Oxford to

Insufficient Acknowledgments-continued.

morrow morning, when I will call upon you on the matter." (1838.) Morrell v. Frith, 3 M. & W. 402.

"I give the above accounts to you; so you must collect them, and pay yourself, and you and me will then be clear." (1838.) Routledge v. Ramsay, 8 A. & E. 221.

"Send me in any bill or what demand you have to make on me, and if just I shall not give you the trouble of going to law." (1842.) Spong v. Wright, 9 M. & W. 629.

A., the holder for value of certain promissory notes made by defendant, being indebted to the defendant and another as executors on a larger amount, agreed that the amount of the notes should be set-off against and satisfied by the same amount of A.'s debt. Defendant gave A. a paper, in which the amount of the several notes and of the interest was mentioned, at the foot of which the defendant wrote, "Approved due to A." A. retained possession of the notes, and afterwards endorsed them to the plaintiff for value. Held, the paper was not such an acknowledgment as to take the case out of the statute, as in the circumstances no promise to pay the notes otherwise than by setting them off against A.'s debt could be inferred. (1843.) Cripps v. Davis, 12 M. & W.

159.

"I assure you I will not fail to meet Mr. Hart (plaintiff) on fair terms, and have now a hope that before perhaps a week from this date I shall have it in my power to pay him, at all events, a portion of the debt, when we shall settle about the liquidation of the balance." (1845.) Hart v. Prendergast, 14 M. & W. 741.

"I directed Mr. E. last year to apply to you for your bill in order that we might settle the tithe account." (1849.) Williams v. Griffith, 3 Exch. 335.

PART I.

CH. IV.