Edmonds v Goater
| Jurisdiction | England & Wales |
| Judgment Date | 10 March 1852 |
| Date | 10 March 1852 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 598
ROLLS COURT
S. C. 21 L. J. Ch. 290.
[416] edmonds v. goater. March 10, 1852. [S. C. 21 L. J. Ch. 290.] In answer to an application for payment of a debt, the debtor wrote : " I hopa to be at H. soon, when I trust everything will be arranged with W. (the creditor) agreeable to her wishes." Held, a sufficient promise to take the case out of the Statute of Limitations. The testator, Charles Lipscomb, was indebted to Mrs. Wells on two promissory notes, signed by him; one for £150, dated the 25th March 1836, payable three years after date, the other, for £300, was of the same date, payable four years after date. The testator paid interest on these promissory notes clown to the 25th of March 1841. He died in December 1846. After his death a decree for administration was made on the 1st of April 1847. Mrs. Wells went in before the Master and claimed the amount of the two promissory notes and interest, and the question was, whether the notes were barred by the Statute of Limitations. To overcome this objection an affidavit was produced, which stated, that in July 1846, the witness, by direction of Mrs. Wells, applied to the testator requiring payment of the notes, and that he received the following answer, dated the 13th of July 1846: "I hope to be in Hampshire very soon, when I trust everything will he arranged with Mrs. Wells agreeable to her wishes. I shall most likely want to consult you respecting my little property there, as I have an idea of parting with [416] it, 15 BEAV. 417. RE WILLIAMS 599 as I understand it has been very much neglected; being such a distance from me, it's impossible to attend to it as I could wish. If anything happens to me, you may tell Mrs. Wells she ia in very good hands, and will be protected." The Master found that Mrs. Wells was entitled to the principal and interest secured by the two promissory notes. Exceptions were taken to his finding, which now came on for argument. Mr. Glasse and Mr. Welford, in support of the exceptions, cited-9 Geo. 4, c. 14; Tanner v. Smart (6 B. & C. 603); Mmrell v. Frith (3 M. & W. 402...
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...& C. (Exch.) 662) ; Hallidaif v. Ward (3 Camp. 32); Chedyn v. Dalby (4 Younge Coll. 238); Smith v. Pools (12 Sim. 17); Edmonds v. Goater (15 Beav. 415); Howc.utt v. 7 oM-[617]-sr (3 Exch. Rep. 491); William* v. Griffith (Ibid. 335); A'Court v. Cross (3 Bing. 329); Hart v. Prenderga.it (14 M......
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