 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1833 - 1054 pages
...of limitations, although it was admitted orally that he had but one debt. [Parfce J. The reason why a part payment takes a case out of the statute is, that it is evidence of a fresh promise. Here the promise must be considered as having been made when the bill... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - Law reports, digests, etc - 1835 - 1012 pages
...necessary, in the third place, to shew that the payment was made as part payment of a greater debt, because the principle upon which a part payment takes a case...operate as an admission of any still existing debt. Unless CASES IN THE EXCHEQUER, of Pleas, then, in the present case, it could be collected that the... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 966 pages
...payment of that debt — Tippets v. Heane, 1 CM & R. 252, 4 Tyr. 772—" Because," says Parke, B., "the principle upon which a part payment takes a case...admission that more is due, it cannot operate as an ad- 1842. mission of any still existing debt." And the same learned Baron, in delivering the judgment... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 962 pages
...payment of that debt — Tippets v. Heane, 1 CM & R. 252, 4 Tyr. 772—" Because," says Parke, B., " the principle upon which a part payment takes a case...admission that more is due, it cannot operate as an ad- 1842. mission of any still existing debt." And the same learned Baron, in delivering the judgment... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1847 - 612 pages
...payment was made as part-payment of a greater debt; because the principle upon which a part-payment takes a case out of the statute, is, that it admits a greater debt to be due at the time of the part-payment. Unless it amounts to an admission that more is due, it cannot operate as an admission... | |
 | David Cato Macrae, Charles John Belcher Hertslet - Bankruptcy - 1852 - 354 pages
...payment was made as part payment of a greater debt; because the principle on which a part payment takea a case out of the statute is, that it admits a greater debt to be due at the time of the part payment, and, unless it amounts to an admission that more is due, it cannot operate as an admission of any still... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1852 - 716 pages
...brought. And it must further appear that the payment is made as part payment of a larger debt ; because the principle upon which a part payment takes a case out of the statute is, that it admits a larger debt to be due at the time of the part payment. Unless it amounts to an admission that more... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digest, etc - 1853 - 1006 pages
...necessary, hi the third place, to shew that the payment was made as part payment of a greater debt, because the principle upon which a part payment takes a case...operate as an admission of any still existing debt." That decision took place in 1834. The same view was taken by Lord Abivger, C B., in 1840, in (a) 1... | |
 | John Barnard Byles - Negotiable instruments - 1853 - 664 pages
...Benedict, 5 Barr, 225. " The principle," says Parke, B., " upon which *part payment •- -* takes a debt out of the statute is, that it admits a greater debt...cannot operate as an admission of any still existing debt."(w)(l) Where a debtor owes his creditor some debts from a period longer than six years, and others... | |
 | Great Britain, Leonard Shelford - 1856 - 856 pages
...which the action is brought; and, thirdly, that the payment was made of part of a greater debt, because the principle upon which a part payment takes a case...statute is, that it admits a greater debt to be due at time of the payment. (Tippets v. Heane, 1 CM & R. 252. See Wainman v. Kyiiman, 1 Exch. R. 118.) One... | |
| |
... the principle upon which a part payment takes a case out of the statute is, that it admits a greater debt to be due at the time of the part payment. Unless it amounts to an admission that more is due, it cannot operate as an admission of any still... 
