 | Beamish Murdoch - Law - 1833 - 254 pages
...statute of frauds (copying the 4th clause of the English act) 1758, 32 G. 2 c. 18, Sec. 4, 1 PL 25, 26, enacts that no action shall be brought whereby to charge " the defendant upon any agreement, that is not to be " performed within the space of one year from the making " thereof, unless... | |
 | Joseph Chitty - Contracts - 1834 - 850 pages
...how affected by the Statute of Frauds. The Statute of Frauds, 29 Car. 2, c. 3, s. 4 («), provides " 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... | |
 | George Shall Yerger, Tennessee. Supreme Court - Law reports, digests, etc - 1834 - 626 pages
...articles, on the oath of one of the plaintiffs under the bookdebt law. Our act provides, (1801, ch. 25,) 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 promise... | |
 | Great Britain. Court of Exchequer, Charles James Gale - Law reports, digests, etc - 1836 - 180 pages
...29 Car. 2, c. 3, s. 4; the material part of which, as it applies to this case, is in these words : " 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,... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - Law reports, digests, etc - 1837 - 1230 pages
...29 Car. Q. c. 3. 8. 4., the material part of which, as it applies to this case, is in these words: "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... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1838 - 338 pages
...construction, for the word " defendant" is introduced in the second branch of the section. It seems, then, that no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt of another, or to charge any person upon any agreement made... | |
 | Joseph Chitty, Tompson Chitty - Civil procedure - 1839 - 564 pages
...211 ab; Mines c. Sculthiirpc, 2 Camp. 215. The Statute of Frauds, 29 Cur. 2, с 3, s. 4, enncts, " that no action shall be brought whereby to charge- the defendant upon any special promis« to answer for the debt, default, or miscarriage uf another person, unless ihe agreement... | |
 | Edward Dix Pitman - Suretyship and guaranty - 1840 - 304 pages
...fact, a guarantee. CHAPTER II. OF PROMISES WHICH ARE WITHIN THE STATUTE OF FRAUDS. THE 4th section of the Statute of Frauds (£), enacts, that " no action...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... | |
 | John William Smith - 1840 - 530 pages
...the promise should be in writing as well as the promise itself? Now the words of the statute are, " that no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, &c., of another person, SEC., unless the agreement upon which... | |
| |
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... 
