 | Law - 1851 - 844 pages
...because it is confined to promises or acknowledgments by words only. Then we have the proviso, " that nothing herein contained shall alter, or take away,...effect of any payment of any principal or interest.'' Does not that allow the proof and fact of payment to remain as it was before the Act of Geo. 4 passed,... | |
 | David Cato Macrae, Charles John Belcher Hertslet - Bankruptcy - 1852 - 354 pages
...writing to take the case out of the Statute of Limitations ; but it provides that " nothing therein contained shall alter, or take away, or lessen the...principal or interest made by any person whatsoever." The question is, therefore, whether there has been such a payment as will take this note out of the... | |
 | Edmund Hatch Bennett, Chauncey Smith - Equity - 1852 - 690 pages
...the sum so paid was, in fact, due. The words of the 9 Geo. IV. are " that nothing in this act shall take away or lessen the effect of any payment of any...principal or interest made by any person whatsoever ; " but this must assume that the interest is due. [PARKE, B. If he agrees to pay interest and does... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1852 - 780 pages
...any written acknowledgment made and signed by " any other or others of them ; provided always that nothing herein " contained shall alter or take away or lessen the effect of any pay"ment of principal, or interest, made by any person whatsoever." This enactment must be supposed to have been... | |
 | Grenada - Law - 1852 - 604 pages
...of Joint •uways, that nothing herein contained shall alter, or take away, or lessen contractor«. the effect of any payment of any principal or interest, made by any person whatsoever, provided also that in Actions to be commenced against two or more such joint contractors, or executors,... | |
 | Equity - 1852 - 794 pages
...statute ? The words are, ' Nothing herein contained shall alter, or take away, or lessen Ju,lyment. the effect of any payment of any principal or interest made by any person whatsoever ;' that is, of any payment made by the principal debtor, or any one acting under his authority. That... | |
 | John Barnard Byles - Negotiable instruments - 1853 - 664 pages
...written acknowledgment or promise, made and signed by any other or others of them: provided always that nothing herein contained shall alter, or take away,...principal or interest made by any person whatsoever : provided also, that, iu actions to be commenced against two or more such joint contractors, or executors,... | |
 | John William Smith - Contracts - 1853 - 488 pages
...of the statute, unless such acknowledgment or promise shall be in writing;" with this proviso, "that nothing herein contained shall alter or take away...effect of any payment of any principal or interest." There have accordingly, been many decisions as to what is a sufficient payment to bar the statute,... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - Equity - 1853 - 566 pages
...statute of limitations, to be in writing. A proviso declared that " nothing herein contained should alter, or take away, or lessen, the effect of any payment of any principal or interest by any person." It was accordingly decided in Channell vs. Ditchburn, (5 M. & W. 494,) that partial... | |
 | Law - 1854 - 532 pages
...contained by or in some writing to be signed by the party chargeable thereby :" " provided always, that nothing herein contained shall alter or take away...principal or interest made by any person whatsoever." bill was given as в pan payment of the note, the fact of such payment afterwards proving worthless... | |
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Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever... 
