| Arthur Adelbert Stearns - Suretyship and guaranty - 1907 - 712 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, etc., of another person, etc., unless the agreement upon which... | |
| Alexander Wood Renton, Maxwell Alexander Robertson - Great Britain - 1907 - 850 pages
...writing. This, however, was altered by sec. 4 of the Statute of Frauds, 29 Car. nc 3, which enacted that : " No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person," etc., " unless... | |
| William Lawrence Clark - Electronic books - 1909 - 524 pages
...frauds, which is substantially followed by the statutes of the various States in this country, 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... | |
| Robert Dunstan - Conditional sales - 1910 - 522 pages
...in writing and signed by the party sought to be charged or by his agent. The section 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... | |
| Richard Holmes Coote - Mortgages - 1912 - 1056 pages
...principal debtor, as by giving time to him <Z. ii.—Statute of Frauds.—The Statute of Frauds (e) enacts that:— "No action shall be brought whereby to charge .... the defendant upon any special promise to answer for the debt, (4) Craythorne T. Swinburne, 14 Ves. 160, 170 ; Clarke v. Henty,... | |
| Charles Erehart Chadman - Law - 1912 - 676 pages
...another at the request of the promisor is within that clause of the statute of frauds which declares that "no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt or default or miscarriage of another person, unless the promise... | |
| Edward Whiton Spencer - Suretyship and guaranty - 1913 - 584 pages
...Statute. The English statute does not say that oral contracts within its terms shall be void, but simply that no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, etc., of another, unless the agreement or some note or memorandum... | |
| William Frederick Elliott - Contracts - 1913 - 1292 pages
...clause of the fourth section of Stat. 29 Charles II, commonly known as the statute of frauds, 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... | |
| John Bouvier - Law - 1914 - 1124 pages
...Statute of Frauds, 2!» Car. II. c. 3, re-enacted almost in terms in the several states, it is provided 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... | |
| Edward M. Skinner - Collecting of accounts - 1916 - 298 pages
...connection. The statute of frauds, generally adopted in the United States, provides, among other things, that no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt of another person, unless the agreement upon which such action... | |
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