 | John Pitt Taylor - 1848 - 756 páginas
...requiring that guarantees should be in writing (d), by enabling the plaintiff to shape his demand, not upon a special promise to answer for the debt or default of another, but upon a tort or wrong done to him, by some false or fraudulent representation made by the defendant,... | |
 | Great Britain. Courts - 1865 - 796 páginas
...him lawfully authorized, according to the statute, &.c. Replication, that the said promise was not a special promise to answer for the debt or default of another person in manner and form, &c. Issue thereon. On the trial, before PARK, J., at the Warwickshire Summer... | |
 | 1869 - 820 páginas
...engagement is expressed should be allowed to wake a distinction when the substance of it. is still merely " a special promise. to answer for the debt or default of another." To quarrel with the result in any case as unjust and contrary to the honest contract of the parties, is... | |
 | Montgomery Hunt Throop - 1870 - 852 páginas
...the price. In such a case, will the latter5 s promise be regarded as an original undertaking, or as a special promise to answer for the debt or default of another ? This question is not free from difficulty ; and although the text-books seem to agree that in both... | |
 | 1920 - 516 páginas
...broker's commission is not within the statute of frauds, Act April 26. 1S55 (P. L. 308), requiring a special promise to answer for the debt or default of another to be in writing, where the agreement was original and not collateral. — Lieberman et al. v. Colahan. Pa., 110 All.... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1881 - 702 páginas
...makers of a promissory note, but the court held, that it was not, itself, a promissory note, but was a special promise to answer for the -* *debt or default of another, within the language and spirit of the statute of frauds, and, to be valid, must express the consideration... | |
 | Isaac Grant Thompson - 1884 - 880 páginas
...his guaranty thereof, made simultaneously with the transfer, and as a part of the transaction, is not a special promise to answer for the debt or default of another, within the meaning of the statute of frauds, and therefore need not be In writing. Wilton v. Hentge»,... | |
 | 1886 - 988 páginas
...CONTRACT OF GUARANTY. A contract of guaranty is not within the statute of frauds, which requires a promise to answer for the debt or default of another to be based on a sufficient consideration, and be in writing. Appeal from Third district court. Marshall... | |
 | 1920 - 956 páginas
...original undertaking, and, if so, it would not come within the statute of frauds, which requires that a special promise to answer for the debt or default of another be in writing, and signed by the party to be charged therewith. Act of April 26, 1855 (PL 308), otewart's... | |
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Frauds (qv ), which requires a special promise to answer for the debt or default of another to be in writing. 
