 That 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...  A Treatise on the Law of Contracts - Seite 397von William Wetmore Story - 1856Vollansicht - Über dieses Buch
 | Josiah William Smith - 1864 - 548 Seiten
...section of the "oglTan ' - 3 " Statute of Frauds, 29 Car. II. c. 13, no ac"''"' tion can be brought to charge the defendant upon any special promise to...person, unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, signed by the party to be charged therewith,... | |
 | William Mawdesley Best, Great Britain. Court of Queen's Bench, George James Philip Smith - 1865 - 1086 Seiten
...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." Here the defendant is sued for a default made by his daughter, for whose appearance to answer a criminal... | |
 | John Scott, Great Britain. Court of Common Pleas - 1866 - 570 Seiten
...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." A promise, to come within that enactment, must be collateral,—leaving the debt or duty still due:... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1866 - 702 Seiten
...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." Here the defendant is sued for a default made by his daughter, for whose appearance to answer a criminal... | |
 | 1868 - 872 Seiten
...must be in writing, for the Statute of Frauds (29 Charles II. c. 3) required that no action should be brought whereby to charge the defendant upon any...miscarriage of another person, unless the agreement or some memorandum or note thereof should be in writing and signed by the party to be charged therewith,... | |
 | Great Britain. Courts - 1869 - 776 Seiten
...promise, were reduced to writing. However, we must recur to the words of the statute ; they are, " No action shall be brought whereby to charge the defendant...therewith, or some other person thereunto by him lawfully authorised." Now, on the one side, it is contended, that promise and agreement in this clause are synonymous,... | |
 | Great Britain. Courts - 1869 - 790 Seiten
...J. It is provided by the fourth section of the statute of frauds, that " No action shall be brought to charge the defendant upon any special promise 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... | |
 | 1894 - 922 Seiten
...was of the nature stated. Now it must be remembered that by section 4 of the Statute of Frauds " no action shall be brought whereby to charge * * * the...miscarriage of another person " unless the agreement or some memorandum thereof is in writing, and the doubt which has been often raised is, whether by... | |
 | Montgomery Hunt Throop - 1870 - 852 Seiten
...answer damages out of his own estate, or to charge any defendant upon a special promise to answer 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, and signed by the party... | |
 | Gaius - 1871 - 588 Seiten
...noticeable rule of English law respecting the contract of guaranty is that it must be in writing. No action shall be brought whereby to charge the defendant...other person thereunto by him lawfully authorized, Statute of Frauds, 29 Charles II. The general name of a stipulation by way of security for a debt is... | |
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