...by which it is provided, "that no action shall be brought, whereby to charge the defendant' щит any special promise to answer for the debt, default...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...

...(29 Charles II. c. 3) required that no action shoidd be brought whereby to charge the defendant ujron any special promise to answer for the debt, default,...miscarriage of another person, unless the agreement cr some memorandum 01 note thereof should be in writing and signed by tht party to be charged therewith,...

...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...

...anybearing upon the subject is the Statute of Frauds (29 Car. ii, c. 3, sec. 4), which enacts: "No action shall be " brought whereby to charge the defendant...therewith, or some other person thereunto by " him lawfully authorised." The section does not make the agreement void, but merely unenforceable at law. It includes...

...brought whereby to charge the defendant upon any special promise to answer for the debt or default of another person unless the agreement upon which...therewith or some other person thereunto by him lawfully authorised. Now Mr. Norman has referred to a class of cases which show that it is not necessary that...

...the plaintiff's suit can be maintained, in view of our statute, ' ' 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 person...

...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...

...the Statute of Frauds, which enacts that : — "No action shall be brought whereby to charge a person upon any special promise to answer for the debt, default...person, unless the agreement upon which such action be brought, or some memorandum thereof, shall be in writing, and signed by the party to be charged...

...answer damages out of his own estate or to charge any defendant upon 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...

...frauds, which is substantially followed by the statutes of the various States in this country, provides that " no action shall be brought . . . whereby to...other person thereunto by him lawfully authorized." A contract of suretyship, therefore, must 91. Smith Elem. L. 247; "Prin- stantive liability to which...