PART I Insufficient Acknowledgments-continued. "I never shall be able to pay you in cash; but you may have any of the goods we have at the Pantechnicon by paying the expenses incurred thereon, without which they cannot be taken out." (1851.) Cawley v. Furnell, 20 L. J. C. P. 197. In answer to a letter from the plaintiff asking for payment of £275, the defendant wrote referring to arrangements for the payment of another debt by a certain. date: "after which I am in hopes that I shall be able to transfer the £5000 mortgage to enable me to clear off the whole that may be standing against me." (1852.) Smith v. Thorne, 18 Q. B. 134. "I regret much the necessity of Mr. Briggs's proceedings against me as A.'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 decides 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 payment without an order of Court, and I much regret the necessity." Held, insufficient by Turner, L.J.; Knight Bruce, L.J., contra. (1854.) Briggs v. Wilson, 5 D. M. & G. 12. "It is agreed that B. in his general account shall give credit to A. for bricks delivered to the trustees of Park Place Chapel." Held, not such an acknowledgment as to give B. a right to an account against A.'s estate for more than six years. (1855.) Hughes v. Paramore, 24 L. J. Ch. 681. "I do not wish to avail myself of the statute to refuse Insufficient Acknowledgments—continued. payment of the debt alluded to in your note; but I have not the means of settling it. My situation as a salaried clerk does not afford me the means of laying by a shilling, but in course of time, if I continue in my present employment, I may reap the benefit of my services in an augmentation of my salary to enable me to propose some satisfactory arrangement with you." Proof was given of ability to pay. Held, not a promise either absolute or conditional on ability to pay. (1856.) Rackham v. Marriott, 1 H. & N. 234; 25 L. J. Exch. 324; 2 H. & N. 196; 26 L. J. Exch. 315. (See per Pollock, C.B., in Sidwell v. Mason, 26 L. J. Exch. 408. "That (i.e. Rackham v. Marriott) is an extreme case the other way. We were a long time in arriving at the conclusion, and a hair's breadth would have turned the decision the other way." See 2 H. & N. 308.) "I am not conscious of ever having had this bill put before me till now, nor did I know that it was owing. I am much annoyed that her bill should have been so long unsettled." (1858.) Collinson v. Margesson, 27 L. J. Exch. 305 "If in funds (I) would immediately pay the money and take the bill out of your hands." (1860.) Richardson v. Barry, 29 Beav. 22. "I have received a letter from Messrs. P. and L., solicitors, requesting me to pay you an account of £40 9s. 6d. I have no wish to have anything to do with lawyers; much less do I wish to deny a just debt. I cannot, however, get rid of the notion that my account with you was settled when I left the 1851. But, as you declare it was not settled, I am army in willing to pay you £10 per annum until it is liquidated. Should this proposal meet with your approbation, we PART I. CH. IV. PART I. STATUTES OF LIMITATIONS. Insufficient Acknowledgments-continued. can make arrangements accordingly." The proposal was not accepted. (1861.) Buckmaster v. Russell, 10 C. B. N. S. 745. Letter from surety :-"I consent to your receiving the dividend under H.'s (the principal debtor's) assignment, and do agree that your doing so shall not prejudice your claim on me for the same debt." (1863.) Cockrill v. Sparkes, 1 H. & C. 699; 32 L. J. Exch. 118. "I am now quite ready to go into the account, but it is necessary to have an appointment to dispose of it satisfactorily. I understood you were to be here on the 29th of November, otherwise I should, before this, have gone over to London. I will, on hearing from you, go over and vouch the account." "I am going shortly to London, and will take with me the vouchers and papers necessary to close what remains open in the account." (1867.) Crawford v. Crawford, 2 Ir. R. Eq. 166. "I should be very sorry that Mr. Cassidy or any one else should lose by me, and if I can get hold of the groom I had then, and prove satisfactorily to myself that he is due anything, I should be very sorry that he should not get it; but if he chooses to take me to court, he may do so, and do his worst." "I think the best way of disposing of this business would be through an agent; and I will write to a man of business. . . to confer with you on the subject; but, at the same time, I might repudiate the account, as I knew nothing of it; but if Mr. Cassidy has any claim on me, which I much doubt, I would wish the matter to be arranged." (1867.) Cassidy v. Firman, 1 Ir. R. C. L. 8. "A paper has been received without letter or explanation of any kind purporting to be a memorandum Insufficient Acknowledgments-continued. of account between you and the company, which is altogether incorrect, both in principle and detail, omitting all deductions and credits to which this company are entitled, and which would leave the balance considerably in their favour. I am, however, authorized to say that this company are still willing, as they have all along been, to have all accounts and questions between you and them decided by arbitration according to your contract, and they again call upon you to concur with them in the necessary steps for that purpose. . . This is, of course, wholly without prejudice." No arbitration ever took place. (1871.) In re River Steamer Company, Mitchell's Claim, L. R. 6 Ch. 822. Debt incurred in 1865. Defendant writes in 1874:"Believe me that I never lose out of sight my obligations towards you, and that I shall be glad, as soon as my position becomes somewhat better, to begin again and continue with my instalments." In 1876 he wrote: "Since the present year I find myself in a more hopeful sphere, which, as soon as the general crisis gives way, will render to me more than necessary for living." No proof that the "general crisis" had given way. (1878.) Meyerhoff v. Froehlich, 3 C. P. D. 333; 4 C. P. D. 63. A., trustee of a settlement by which an estate was settled on trust during joint lives of defendant and his wife, to pay the rents to the defendant's wife for her life for her separate use without power of anticipation, lent defendant money in 1846; for some time up to 1859 the rents were applied to the payment of the debt with the wife's consent. In 1879 the defendant wrote to A.:-"I thank you for your very kind intention to give up the rent of (the estate) next Christmas, but I am happy to say at that time both principal and interest PART I. CH. IV. PART I. Insufficient Acknowledgments-continued. will have been paid in full." (1884.) Green v. Humphreys, 26 Ch. D. 474. "I was in hopes of being able to send you some coin by small instalments, but as I have been ordered home, the matter must be in abeyance a bit longer, which won't ruin you. I know you must live in hopes as I do, for a good time is rather long coming. I hope your son has not made himself officious by going to my employer and making inquiries about me and my affairs, because if he has I shall be annoyed very much indeed, and I can assure you such behaviour would not induce me to put myself out to attempt to square off your account. I think you ought to know me by this time; when I have had the means you have pot-luck, whether from India, the West Coast of Africa, or at home." (1884.) Jupp v. Powell, 1 Cab. & E. 349 (affirmed in C. A.). "I will let you have some (i.e. money) the moment it is safe to borrow it. . . . Will you make out your account and send it to me? . . . I will send it you as soon as possible-send your account next week . . . . I will send you a cheque as soon as I can . . . I will send some coin as soon as ever I can." No proof of ability to pay. (1887.) In re Bethell. Bethell v. Bethell, 34 Ch. D. 561. Defendant (executrix) in an affidavit made in reference to the claims of the creditors of the estate, inserted particulars of a claim thus: |