Hughes v Paramore
| Jurisdiction | England & Wales |
| Judgment Date | 24 April 1855 |
| Date | 24 April 1855 |
| Court | High Court of Chancery |
English Reports Citation: 44 E.R. 90
BEFORE THE LORDS JUSTICES.
S. C. 3 Eq. R. 677; 24 L. J. Ch. 681; 1 Jur. (N. S.), 1101 3 W. R. 388.
[229] hughes v. paramore. Before the Lords Justices. April 24, 1855. [S. C. 3 Eq. E. 677 ; 24 L. J. Ch. 681; 1 Jur. (N. S.), 1101; 3 W. E. 388.] One or two persons who had dealings together and were mutually indebted to one another, had supplied some bricks on the credit of the other in 1834, but no account had been delivered or made out on either side. In 1845 they signed in duplicate a memorandum thus expressed :-"It is agreed that Mr. E., in his general account shall give credit to Dr. H. for 174, being for bricks delivered in 1834 : " Held, that this was sufficient to exclude the mutual debts from the operation of the Statute of Limitations. This was an appeal from the decision of the Vice-Chancellor Stuart, allowing exceptions to the Master's report, on the ground that there had been a sufficient acknowledgment to take out of the Statute of Limitations a claim disallowed by the Master as barred by that statute. The suit was an ordinary one for the administration of the estate of Dr. Hughes, the testator in the cause, and by the decree the usual inquiry had been directed as to the testator's debts. Under this decree the Eespondent, who was a solicitor, went in before the Master and claimed to be a creditor of the testator upon a general account, which was as follows:- [230] john hughes, Esq., M.D. 1834 Dr. Jan. 1. To amount of taxed costs in Hughes v. Williams received by Mr. Evans, including^, fa. . . . . . 76 7 8 Cr. By cash received out of Court . . . 60 0 0 16 7 8 Costs of action, Hughes v. Jones and another, received by Mr. Evans . . . . . . . 12 10 0 1836 June 30. Cash to Birchall & Marsh, Harper's assignees . . 20 0 0 1837 Oct. 27. Mr. Toulmin, in Hughes ats. Bates . . . .760 Carry forward, . . 56 3 8 7DEO. M.fcQ.Bl. HUGHES V. PA.EAMOEE 91 1839 Brought forward, . . 56 3 8 July 2. Cash to Mrs. Hughes . . . . . .500 17. 500 1840 April 9. . . . . . .500 Aug. 18. 500 1841 Feb. 4. . . . . . .500 Aug. 19. Eev. Robert Davies's balance, Hughes's note . 205 19 6 By cash from you . . . . 50 0 0 155 19 & 1842 June 1. Mr. Ward, debt and costs in Hughes ats. Foulkes . . . . 50 0 0 By cash from you . . . . 42 0 0 800 Sept. 16. Cash to Mrs. Wolseley . . . . .500 Oct. 12. . . . . . .500 28. 500 1843 April 6. . . . . . .500 Bills for business, No. 1 to 60 inclusive, and general bill delivered to J. Hughes's executors .... 838 18 7 1104 1 9 [231] To john robinson Cr. By amount of bill for bricks delivered by you to the trustees of Park Place Chapel . ..... 174 0 0 1835 Mar. 2. S. Colley . . . . . . .100 April 3. . . . . . . .100 May 7. . . . , . . 0 10 0 June 3. . . . . . . 0 10 0 1838 Jan...
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