Collis v Stack
| Jurisdiction | England & Wales |
| Judgment Date | 17 January 1857 |
| Date | 17 January 1857 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1344
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 26 L. J. Ex. 138. Followed, Chasemore v. Turner, 1875, L R 10 Q B. 509
collis v. stack. Jan 17, 1857-The plaintiff having applied to the defendant for payment of a debt the defendant wrote in answer, " I shall repeat my assurance to you of the certainty of your being repaid your generous loan. Let matters remain as they are for a short time and all v. ill be right The \voiks I have been appointed to, but they are not yet worked with the full complement of labour, this term will decide the matter . "-Held, a sufficient acknowledgment in answer to a plea of the Statute of Limitations -The question in these cases is, whether the statement as to the time of payment is meiely an excuse 01 the condition on which payment is to be made. [S. C. 26 L. J. Ex. 138. Followed, Chawmme v. Tuntei, 1875, L R 10 Q B. 509 ] Declaration for money lent. Plea: the Statute of Limitations. At the trial before Wightman, J , at the last assizes for the county of Monmouth, it appeared that the money sought to be lecovered had been lent by the pLuntiti to the defendant in the year 1838. As an answer to the Statute of Limitations, the plaintiff put in the following letters -Feb. 5, 1853 Plaintitt to Defendant " I expected you would have taken the earliest opportunity to discharge the debt so long due to me, it is now upwards of 14 yeais [606] since I lent you 1001" Feb. 6. Defendant to Plaintiff. " You have I dare say heard of the failure of two banks, &c. I expect to gel the medical supeirntendence of large iron works, &c Were it not for unforeseen casualties you should have been repaid befoie now. ultimately you can't suffer, because my life is insured. Signed Robt Stack." April 16. Defendant to Plaintiff. "I shall lepeat my assurance to you of the certainty of your being repaid your generous loan. Let matters remain aa they are for a short time longer and all will be right. The works I have been appointed to, but they are not yet worked with the full complement of labour , this teim will decide the matter Signed Robt Stack." April 21. Defendant to Plaintiff. "So far from deeming you impertinent, I look upon your forbearance as very great indeed; bear with me a little longer and all will be nght. Things are going on favourably at present. Rest assured of my resolve to respond to youi call as soon as it becomes practicable. Signed Robt. Stack " The defendant's counsel...
To continue reading
Request your trial
-
Rackham v Marriott
...W. (the creditor) agreeable to her wishes ;" and that was held by Sir J Romilly, M R , [197] a sufficient promise. So in Colhs v. Stack (1 H & N. 605) the following answer to an application for payment was held sufficient.-" I shall repeat my assurance to you of the certainty of your being ......
-
Archer v Leonard
...2 H. & N. 306. (q) 2 Q. B. 757. (r) 3 Y. & W., Exch., 208. (s) 4 K. & J. 166. (t) 10 Sim. 17; S. C., 10 Law Jour., N. S., Ch., 192. (u) 1 H. & N. 605. (v) 14 M. & W. (w) 2 Ir. Com. Law Rep. 88. * The Reporter has been informed that the principal question discussed before the Master was the ......