Alsheikh v. Arabian Nat'l Shipping Corp
In Alsheikh v. Arabian Nat'l Shipping Corp., No. 14-05-00787-CV, 2006 WL 1675384 (Tex. App.--Houston 14th Dist. June 20, 2006, no pet.), the borrower, Alsheikh, executed two promissory notes to Arabian on May 21, 1990, that totaled approximately $154,000.00.
The record included several checks and receipts signed by Alsheikh reflecting payments on the two notes from 1990 through 2004.
Two receipts noted that payment was toward "the out standing Loan Alsheikh borrowed from Arabian" and "the outstanding Loan Alsheikh has with Arabian," respectively. Id.
Arabian claimed that by writing checks and by signing and noting receipts in 2001 through 2004, Alsheikh acknowledged his debt, and the court so found.
Additionally, Alsheikh never indicated any intent to repudiate the debt, but instead signed receipts reflecting payment on his outstanding debt to Arabian. Id.
While the court noted that "the failure to specify a particular debt may defeat a claim of acknowledgment," there was sufficient evidence that Alsheikh's acknowledgement applied to both debts.
Both parties referred collectively to the notes and treated them as one debt.
Further, Alsheikh signed a receipt certifying payment of $2,000.00 in two checks of $1,000.00 each toward the "out standing Loan on the Land," suggesting that $1,000.00 was paid on each note, "thus acknowledging both Notes." Id.