 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 be in writing, and signed by the party to be charged therewith,...  The Saskatchewan Law Reports - Page 601923Full view - About this book
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1891 - 770 pages
...the statute of frauds which forbids the maintenance of an action '• to charge the defendant upon 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," etc. The purpose of this... | |
 | William Roberts - Evidence (Law) - 1807 - 522 pages
...the statute, it isprovided t:i-ii -- no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default,...charged 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... | |
 | Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...see Phillips, 15 I'.. t, 37*. that no action shall be brought, whereby to charge the defendant upon any special promise to answer for the debt, default,...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... | |
 | William Sheppard - Conveyancing - 1820 - 1178 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...charged therewith, or some other person thereunto by bjm lawfully authorized." querela ; and that he may have to discharge him of execution (27). [In modern... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1822 - 356 pages
...the words of the statute; they are, " No action shall be brought whereby to charge the Defendant upon any special promise to answer for the debt, default,...other person thereunto by him lawfully authorized." Now, on the one side, it is contended, that promise and agreement in this clause are synonymous, and... | |
 | Great Britain. Court of Common Pleas, William John Broderip, Peregrine Bingham - Law reports, digests, etc - 1822 - 352 pages
...the words of the statute; they are, " No action shall be brought whereby to charge the Defendant upon any special promise to answer for the debt, default,...other person thereunto by him lawfully authorized." Now, on the one side, it is contended, that promise and agreement in this clause are synonymous, and... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1824 - 630 pages
...section of which provides, that " no action shall be brought, whereby to charge the defendant upon any special promise to answer for the debt, default,...charged therewith, or some other person thereunto by him lawfully authorised." On the one hand, it has been contended, that " promise" and " agreement,"... | |
 | Joseph Chitty - Commercial law - 1824 - 968 pages
...1 Saund. 211. Rep. 172. How guarantee constituted, and of the liability of the original parly. the debt, default, or miscarriage of another person, unless...other person thereunto by him lawfully authorized (1)." As this statute speaks only of special promise and agreement, a bond or other contract under... | |
 | 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... | |
 | Edmund Saunders, Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 816 pages
...special promise to " answer damages out of his own estate, " or whereby to charge the defendant, " upon any special promise to answer " for the debt, default, or miscarriage " of another person, unless the agree" ment upon which such action shall be " brought, or some memorandum or " note thereof shall be... | |
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