The court allowed the plaintiff to establish by evidence that his particular debt was included in the total sum acknowledged to be due to a number of creditors.
Lord Goddard CJ was satisfied that a lump sum in a balance sheet included the debt in question. The balance sheets of the defendant contained the statement, ‘to sundry creditors pounds 7,638 6s. 10d’. The defendant in that case owed the plaintiff pounds 1,807, which was the balance of moneys that had been lent to him. This debt did not accrue within six years of an action brought by the plaintiff to recover the debt. The plaintiff argued that the defendants made an acknowledgement of the debt in its balance sheet. Evidence was given at the hearing that a firm of chartered accountants had signed the balance sheets for various years and that the debt of pounds 1,807 owed by the defendant to the plaintiff was included in the sum of pounds 7,638 6s. 10d. The Court held that there was an acknowledgement of the debt in the balance sheet.
Lord Goddard CJ
[1949] 2 KB 700, [1949] 1 All ER 498
England and Wales
Cited by:
Cited – Mayor and Burgesses of London Borough of Lambeth v George Bigden and Others CA 1-Dec-2000
A block of flats had been occupied over several years by a succession of squatters. The present occupiers appealed an order for possession, and the authority appealed refusal of possession for other flats. The occupiers asserted possessory title. . .
Lists of cited by and citing cases may be incomplete.
Limitation, Insolvency
Leading Case
Updated: 02 November 2021; Ref: scu.187456