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" But the new promise, and not the old debt, is the measure of the creditor's right. If a debtor simply acknowledges an old debt, the law implies from that simple acknowledgment a promise to pay it; for which promise the old debt is a sufficient consideration.... "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Page 309
by Nathaniel Cleveland Moak - 1877
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The Real Property Statutes Passed in the Reigns of King William IV. and ...

Great Britain, Leonard Shelford - 1856 - 856 pages
...but if the promise is limited to payment of the old debt in a particular manner or out of a specific fund, the creditor can claim nothing more than the promise gives him, for the old debt is revived no further than as a consideration for the new promise. (Philips v. Philips,...
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A Treatise on the Limitations of Actions at Law and Suits in Equity and ...

Joseph Kinnicut Angell - Limitation of actions - 1861 - 724 pages
...limited to payment of the old debt in a certain time, or in a particular manner, or ont of a specific fund, the creditor can claim nothing more than the promise gives him, for the old debt is revived no further than as a consideration for the new promise. Philips v. Philips,...
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The Real Property Statutes Passed in the Reigns of King William IV ..., Book 1

Leonard Shelford, Great Britain - Land tenure - 1863 - 926 pages
...acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the old debt when he...can claim nothing more than the promise gives him." A letter in these terms was held not to contain an acknowledgment from which a promise to pay could...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 4; Volume 140

Great Britain. Court of Exchequer - Law reports, digests, etc - 1868 - 778 pages
...acknowledgment a promise to pay it ; for which promise the whole debt is a sufficient consideration. But if the debtor promises to pay the old debt when he...can claim nothing more than the promise gives him." That principle was recognised in Buckmaster v. Russell (/). In Collis v. StacJc (g) there was an absolute...
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Albany Law Journal, Volume 36

Law - 1888 - 564 pages
...acknowledgment a promise to pay it; for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the old debt when he is able, or by installments, or in two years, or ont of a particular fund, the creditor can claim nothing more than...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 83

Great Britain. Courts - Law reports, digests, etc - 1872 - 658 pages
...all purposes." " The new promise, and not the old debt, is the measure of the creditor's right." » If the debtor promises to pay the old debt when he is able, or by in^,1 ,«, stalments, or in two years, *or out of a particular fund, the cre-* ditor can claim nothing...
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Shelford's Real Property Statutes: Including the Prcincipal Statutes ...

Great Britain, Leonard Shelford, Thomas Henry Carson - Land tenure - 1874 - 940 pages
...acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the old debt when he is able, or by instalments, or in two years, or ont of a particular fund, the creditor can claim nothing more than the promise gives him." On this...
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A Treatise on the Limitations of Actions at Law and Suits in Equity and ...

Joseph Kinnicut Angell - Limitation of actions - 1876 - 772 pages
...limited to payment of the old debt in a certain time, or in a particular manner, or out of a specific fund, the creditor can claim nothing more than the promise gives him, for the old debt is revived no further than as a consideration for the new promise. Philips v. Philips....
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A Treatise on the Limitation of Actions at Law and in Equity: With an ...

Horace Gay Wood - Limitation of actions - 1882 - 990 pages
...acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the old debt when he...instalments, or in two years, or out of a particular funit, the creditor can claim nothing more than the promise gives him." SEC. 68. Present Theory. —...
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The Northeastern Reporter, Volume 34

Law reports, digests, etc - 1893 - 1176 pages
...acknowledgment a promise to pay it, for which promise the old debt is a sufficient consideration; but if the debtor promises to pay the old debt •when he is able, or by installments, or in two years, or out of a particular fund, the creditor can claim nothing more than...
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