Hemp v Garland, Administrator and Co: 1843

The Defendant gave a warrant of attorney to secure a debt payable by instalments, the plaintiff to be at liberty, in case of any default, to have judgment and execution for the whole, as if all the periods for payment had expired. Held that, in an action of assumpsit on the implied promise to pay according to the terms of the defeazance, defendant might shew, urider a plea of the Statute of Limitations, that the first default was made more than six years before action; and that this was a complete defence, not only as to instalments due more than six years ago, but also as to those due within that period.
The court found that ‘the cause of action accrued upon the first default for all that then remained owing of the whole debt.’
Lord Denman CJ continued: ‘(t)here was no other contract for forbearance or giving time than that which is expressed in or to be implied from the terms of the warrant of attorney.’


Lord Denman CJ


[1843] EngR 33, (1843) 4 QB 519, (1843) 114 ER 994, 12 LJQB 134, 3 Gal and Dav 402




England and Wales

Cited by:

ApprovedReeves v Butcher CA 1891
A five-year loan was granted by the plaintiff to the defendant under a written agreement, providing for a ‘power to call in the same at an earlier period in the events hereinafter mentioned’. The plaintiff agreed not to call in the money for the . .
CitedBMW Financial Service (GB) Ltd v Hart CA 10-Oct-2012
This appeal is concerned with a point of limitation arising out of a standard hire purchase contract concerning a car. The respondent had failed to maintain his payments, and theappelleants issued a termination notice. He was abroad fr a while, and . .
Lists of cited by and citing cases may be incomplete.

Limitation, Contract

Updated: 06 June 2022; Ref: scu.305727