 | Nicholas Baylies - Law reports, digests, etc - 1814 - 478 pages
...assignment would be void by the statute of frauds. Thompson \. Gregory. 4 Johns. Rep. 81. 65 A covenant to pay the debt of another is not within the statute of frauds, which does not apply to writings under seal. A covenant, of itself, imports a consideration. Livingston... | |
 | Asa Kinne - Law - 1854 - 358 pages
...(executed since the Revised Statutes,) was not in fact paid, does not invalidate the instrument. A covenant to pay the debt of another is not within the statute of frauds. — Barnum el als. v. Child's, I Sandford's Superior Court R., p. 58. NY (1849.) (Speir, cited Douglas... | |
 | John William Smith - Conflict of laws - 1868 - 594 pages
...aliunde. The cases upon the Statute of Frauds do not apply to the present, nor do the cases in which it has been held that a promise to pay the debt of a third person without consideration is nudum pactum. It is just that a promise to pay that which I... | |
 | Montgomery Hunt Throop - Frauds, Statute of - 1870 - 852 pages
...cases, 599 AKTICLE II. Discussion of the question whether the abstract proposition can be supported, that a promise to pay the debt of another is not within the statute, whenever the leading object of the promisor was not to discharge the debtor, but to subserve some interest... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1876 - 842 pages
...in Maulv v. Buckwell et al., 14 Wright, 39. It waa there said that "it is not true as a general rule that a promise to pay the debt of another is not within the statute if it rests upon a new consideration passing from the promisee to the promisor. A new consideration... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1877 - 682 pages
...opinion, is applicable to and decisive of the case now under consideration. This rule is thus stated ; " A promise to pay the debt of another is not within the statute, if its consideration was the abandonment to the promisor of a security for the payment of the debt,... | |
 | James Barr Ames - Negotiable instruments - 1881 - 910 pages
...assets. The cases upon the Statute of Frauds do not apply to the present, nor do the cases in which it has been held that a promise to pay the debt of a third person without consideration is nudum pactum. It is just that a promise to pay that which I... | |
 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1881 - 682 pages
...both English and American, sustaining the rule. The 'folio wing is the rule as he there cites it : " A promise to pay the debt of another is not within the statute, if its consideration was the abandonment to the promisor of a security for the payment of the debt... | |
 | Law reports, digests, etc - 1892 - 1150 pages
...ПгоотаП, for appellee. MITCHELL, J. The appellants claim that their case is governed by the principle that a promise to pay the debt of another is not within...agency or trust arises which involves a duty to pay. In all such oases the party for whose benefit the prom IRC was made may sue upon it in his own name.... | |
 | Law reports, digests, etc - 1886 - 800 pages
...under a lawful title: University v. Reynolds, 23 Id. 234. COOPER v. CHAMBERS. H DEVEBKCX LAW. 261.] A. PROMISE TO PAY THE DEBT OF ANOTHER is not within the statute of frauds, where it 13 upon an original consideration of benefit or harm, moving between the newly contracting parties.... | |
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Since it has been held -that a promise to pay the debt of another is not within the statute of frauds... 
