...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...

...ai. 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...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...

...further requisite, namely, that the promise should be in writing. The fourth section of the statute enacts, that no action shall be brought whereby to...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...

...This, however, will turn on the express enactment of the statute, the fourth section of which provides, that " no action shall be brought, whereby to charge...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,...

...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...

...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,...

...employment. BEST, CJ The words of the statute of frauds are, that no action shall be brought, to charge a defendant upon any special promise to answer for the...miscarriage of another person, unless the agreement TT upon which the action is brought, or some memorandum or note thereof, shall be in writing, and signed...

...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...person thereunto by him lawfully authorized." The plea is framed accordingly, and negatives the existence of those things which are required by the statute.]...

...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,...

...was not within the Statute of Frauds. The words of the statute are, that no action shall be brought " to charge the defendant upon any special promise to...miscarriage of another person," unless the agreement shall be in writing. I take it that those words mean, upon any special promise, the motive to the making...