Myers v Goodman [1911] ZATPD 130 (18 September 1911)

Reported
Flynote

Prescription - Acknowledgment of Debt - How effective to prolong period to six years - Act 26 of 1908, sec.8

 

Case summary

In order to avail himself of the six years' period of prescription provided by sec.8 of Act 26 of 1908, a creditor must sue on the acknowledgment of debt as the substantive cause of action. If he sue upon the original debt he is only entitled to rely upon an acknowledgment of the debt as an interruption of the prescriptive period of three years.

 


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