 | Great Britain. Court of King's Bench - 1822 - 958 σελίδες
...conditional promise, and when the proof of ability should have been given, but not before, an absolute one. Upon a general acknowledgment, where nothing is said...the rule " expressum facit cessare taciturn," apply ? In Bicknell v. Keppell (a), where the question was, whether the case was taken out of the statute... | |
 | William Selwyn - 1827 - 834 σελίδες
...raise that which in its terms was a qualified promise, into one that was absolute and unqualified. Upon a general acknowledgment, where nothing is said...prevent any such implication, why shall not the rule expresmm cessare facit tacitum apply ? Turner v. Stuart, BRET 8 G. 4. 6 B. & C. Bankrupt, p. 222. —... | |
 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - 1828 - 804 σελίδες
...conditional promise, and when the proof of ability should have been given, but not before, an absolute one. Upon a general acknowledgment, where nothing is said...such implication, why shall not the rule " expressum 1827. facit cessare taciturn" apply ? In Bicknett v. KeppeU(a], "~~~" where the question was, whether... | |
 | William Selwyn - 1831 - 774 σελίδες
...raise that which in its terms was a qualified promise, into one that was absolute and unqualified. Upon a general acknowledgment, where nothing is said...such implication, why shall not the rule expressum cessare facit taciturn apply ? Tanner \. Smart, 6 B. and C. 603. See Acourt v. Cross, 3 Bingh. 32<>.... | |
 | Great Britain. Court of Exchequer - 1834 - 1058 σελίδες
...a new promise, and affords a new cause of action. In the latter part of that judgment it is said, " Upon a general acknowledgment, where nothing is said...the rule ' expressum facit cessare taciturn ' apply ?" Thus a positive refusal to pay will prevent such implication, and the like where the promise is... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 952 σελίδες
...a situation to pay.] In Tanner v. Smart, Lord Tenterden drew the true distinction, and said (6), " Upon a general acknowledgment, where nothing is said...the party guards his acknowledgment, and accompanies (a) \ Esp. Rep. 436. (6) 6 Barn. & Cress. 609. 1830. it with an express declaration to prevent any... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 948 σελίδες
...nothing is («) 3 King. 644. 3 Binff. 329. said to prevent it, a general promise to pay may and 1830. ought to be implied; but, where the party guards his...prevent any such implication, why shall not the rule ' expressvm facit cessare tacitum1 apply?" And in Fearn v. Lewis the promise was as follows: — "As... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 σελίδες
...plaintiff of the defendant's ability to pay. " Upon a general acknowledgment," said Lord Tenterden (A), " where nothing is said to prevent it, a general promise...implication, why shall not the rule ' expressum facit cessare tacitum ' apply ? " In Whippy v. Hillary (I), (h) Ante, Vol. 1 , p. 105. (ft) 9 Dow. & Ryl. 555. (•)... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1834 - 784 σελίδες
...plaintiff of the defendant's ability to pay. " Upon a general acknowledgment," said Lord Tenterden (A), " where nothing is said to prevent it, a general promise...the rule ' expressum facit cessare taciturn ' apply ? " In Whippy v. Hillary (I), (A) Ante, Vol. 1 , p. 105. (ft) 9 Dow. & Ryl. 555. it was held that the... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1834 - 918 σελίδες
...is evidence of a new promise, and constitutes a new cause of action. It was there laid down, that, upon a general acknowledgment, where nothing is said...implied ; but where the party guards his acknowledgment, an implication will not arise. Thus a refusal to pay will prevent the implication of a promise arising... | |
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... upon a general acknowledgment, where nothing is said to prevent it, a general promise to pay may and ought to be implied... 
