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acknowledgment to revive debt

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 24 U.S. 309 - Wetzell v. Bussard · 1826Most cited · 47 citing opinions

an acknowledgment which will revive the original cause of action, must be unqualified and unconditional. It must show positively that the debt is due in whole or in part. If it be connected with circumstances which in any manner affect the claim, or, if it be conditional, it may amount to a new assumpsit for which the old debt is a sufficient consideration; or if it be construed to revive the original debt, that revival is conditional, and the performance of the condition, or a readiness to perform it, must be shown.