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 - Page 397by William Wetmore Story - 1856Full view - About this book
| Henry John Stephen - Law - 1858 - 718 pages
...made by word of mouth only ; for by the fourth section of the Statute of Frauds, 29 Car. II. c. 3, no action shall be brought whereby to charge the defendant...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... | |
| Law - 1858 - 488 pages
...any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise...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... | |
| Ireland. High Court of Chancery - Law reports, digests, etc - 1859 - 682 pages
...the 4th section of the English Statute of Frauds, which does not annul the parol contract, but only enacts that, "No action shall be brought whereby "...therewith, or some other person thereunto " by him lawfully authorised." It has been repeatedly held, in reference to contracts within the 4th section of the English... | |
| Delos White Beadle - Commercial law - 1860 - 368 pages
...charge any executor or administrator upon a special promise to answer damages out of his own estate, or 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... | |
| Law - 1064 pages
...enforced, in consequence of the Statute of Frauds (sec. 4) enacting 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, signed by the party to be... | |
| William Waterston - Commerce - 1863 - 1028 pages
...England, guaranty is aifectod by the 4th section of the statute of frauds (29 Clias. II. c. 3), which enacts, " That no action shall be brought .... whereby...other person thereunto by him lawfully authorized." Where a person has used expressions which bind himself in the first instance, and not merely on failure... | |
| Encyclopedias and dictionaries - 1863 - 852 pages
...must be in writing, fur 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,... | |
| Hiram Denio - Law reports, digests, etc - 1863 - 692 pages
...brought whereby to charge the defendant upon any special promise to answer for Barker r. Bucklin. Ihe 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 came to the conclusion... | |
| Law reports, digests, etc - 1854 - 560 pages
...be made either by deed or parol. By the Statute of Frauds, 29 Car. 2, c. 3, it is, however, enacted "that no action shall be brought, whereby to charge...therewith, or some other person thereunto by him lawfully authorised:" (sect. 4.) In order to render a guarantee a binding obligation, there must also be some... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 580 pages
...whereby to charge the defendant, upon any special promise, to answer for the debt, default or misdoings of another person, unless the agreement, upon which...other person thereunto by him lawfully authorized." Of every agreement, the consideration is an essential part, and a legal consideration was as necessary... | |
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