 | 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...express declaration to prevent any such implication, why shall not the rule expresmm cessare facit tacitum apply ? Turner v. Stuart, BRET 8 G. 4. 6 B. & C.... | |
 | 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...express declaration to prevent any such implication, why shall not the rule " expressum 1827. facit cessare taciturn" apply ? In Bicknett v. KeppeU(a], "~~~"... | |
 | 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...declaration, to prevent any such implication, why shall not the rule ' expressum facit cessare taciturn ' apply ?" Thus a positive refusal to pay will... | |
 | 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... | |
 | 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...express declaration to prevent any such implication, why shall not the rule ' expressum facit cessare tacitum ' apply ? " In Whippy v. Hillary (I), (h) Ante,... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 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...declaration, to prevent any such implication, why shall not the rule ' expressum facit cessare taciturn ' apply ?" Thus a positive refusal to pay will... | |
 | 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... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1834 - 906 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... | |
 | Joseph Chitty - 1834 - 850 σελίδες
...acknowledgments and part (n) Ante, 628. TT promises laid in the declaration to pay the original debt. From a general acknowledgment, where nothing is said to...implied ; but where the party guards his acknowledgment, an implication will not arise. Although there be the most distinct admission of the debt, yet if it... | |
 | Great Britain. Court of Common Pleas, Sir William Hodges - 1836 - 508 σελίδες
...collected in the judgment of Lord Tenlerden, CJ, in Tanner v. Smart (d), and his lordship there says, " Upon a general acknowledgment, where nothing is said...general promise to pay may and ought to be implied ; but when the party guards his acknowledgment, and accompanies it with an express declaration to prevent... | |
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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... 
