Rowan and Company v Reilly

CourtCircuit Court
Judgment Date01 January 1940
Date01 January 1940
(Cir. Ct.),
Rowan and Co

Acknowledgment - Sufficiency Request for a correct account - Qualified acknowledgments - Common Law Procedure Act, 1853 (16 and 17 Vict., c. 113) - Mercantile Law Amendment Act, 1856 (19 20 Vict., c. 97).

A request for a correct statement of an account is not sufficient acknowledgment of a debt which would otherwise be barred. A letter from defendant's solicitor stating: "There is no prospect of my client being in a position to pay your client's account for some little time" is not sufficient to take a case out of the statute. Nor is a promise to pay subject to a condition which was in fact never fulfilled sufficient to do so. Archer v. Leonard, 15 Ir. Ch. R. 267, and Spencer v. Hemmerde [1922] 2 A. C. 507, distinguished...

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