 No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall...  Elements of Roman Law - Page 405by Gaius - 1875 - 680 pagesFull view - About this book
 | William Roberts - Evidence (Law) - 1807 - 522 pages
...On collateral Promises. BY the 2d clause of the 4th section of the statute, it is provided tna^ " no action shall be brought whereby to charge the defendant...therewith, or some other person thereunto by him lawfully authorised." In entering upon this branch of the statute, it may be of importance in the first place... | |
 | Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...Gardom, 15 Ves. 2X7. Bateraan v. (3) 5 East, to. As to thit case, see Phillips, 15 I '.. t, 37*. that no action shall be brought, whereby to charge the defendant...person, unless the agreement, upon which such action is brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1822 - 898 pages
...requisite, namely, that the promise should be in writing. The fourth section of the statute enacts, that no action shall be brought whereby to charge the defendant...person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1824 - 630 pages
...will turn on the express enactment of the statute, the fourth section of which provides, that " no action shall be brought, whereby to charge the defendant...therewith, or some other person thereunto by him lawfully authorised." On the one hand, it has been contended, that " promise" and " agreement," in this section,... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person; unless the agreement upon which...other person thereunto by him lawfully authorized." Now in this clause of the statute, though it is expressly declared, that the promise must be to answer... | |
 | Great Britain. Court of King's Bench, James Dowling, Archer Ryland - Law reports, digests, etc - 1824 - 884 pages
...whereby to charge the defendant upon any special promise to answer for the debt, default, or misxarriage of another person, unless the agreement upon which...therewith, or some other person thereunto by him lawfully authorised (a). Now this is clearly a special promise to answer for the default of another, and there,... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1828 - 668 pages
...whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person ; unless the agreement, upon which...other person thereunto by him lawfully authorized." And we are of opinion, that, according to that statute, the whole agreement must be stated in writing,... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1830 - 576 pages
..." no action shall be brought to charge the defendant, upon any special contract, to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, signed by the parties to... | |
 | Charles Petersdorff - Law - 1831 - 542 pages
...charge any executor or administrator upon any special promise lo answer damages out of his own estate,or whereby to charge the defendant upon any special promise,...person, unless the agreement upon which such action should be brought, or some note or memorandum thereof should be in writing signed by the party to be... | |
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