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" 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... "
The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically ... - Page 545
by John Simcoe Saunders - 1844 - 1038 pages
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 13

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 570 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." A promise, to come within that enactment, must be collateral,—leaving the debt or duty still due:...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 7

Great Britain. Courts - Law reports, digests, etc - 1869 - 776 pages
...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...therewith, or some other person thereunto by him lawfully authorised." Now, on the one side, it is contended, that promise and agreement in this clause are synonymous,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 15

Great Britain. Courts - Law reports, digests, etc - 1869 - 790 pages
...shall be brought 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 be in writing, and signed by the party...
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A Treatise on the Validity of Verbal Agreements: As Affected by ..., Volume 1

Montgomery Hunt Throop - Frauds, Statute of - 1870 - 852 pages
...out of his own estate, or to charge any defendant upon a 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...
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Elements of Roman Law

Gaius - Includes index - 1871 - 574 pages
...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...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...
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Notes to Saunders' Reports: By Serjeant Williams, Volume 1

John Williams, Sir Edmund Saunders - Law reports, digests, etc - 1871 - 756 pages
...charge the defendant upon " any special promise to answer " for the debt, default, or miscar" riage of another person, unless " the agreement upon which...or some " other person thereunto by him " lawfully authorised." The word " agreement," used in this section, means the consideration of the promise ;...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 107

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1918 - 632 pages
...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 shall be in writing, contemplates that the rights of three separate parties shall...
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Beeton's Law Book: A Practical Compendium of the General Principles of ...

Samuel Orchart Beeton - Law - 1872 - 1604 pages
...shall be brought 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 be in writing, signed by the party to be...
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Elements of Roman Law by Gaius

Gaius - Roman law - 1875 - 742 pages
...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...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...
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Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - Forms (Law) - 1876 - 992 pages
...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...other person thereunto by him lawfully authorized." But the mercantile law amendment act, 185G, 19 & 20 Viet. c. 97, в. 3, provides "that no special promise...
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