A Treatise on the Validity of Verbal Agreements: As Affected by the Legislative Enactments in England and the United States, Commonly Called the Statute of Frauds, Τόμος 1J.D. Parsons, Jr., 1870 - 794 σελίδες In two volumes. Vol. 1. |
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Αποτελέσματα 1 - 5 από τα 76.
Σελίδα 94
... benefit of the creditors , and the widow was a trustee for them . His Lordship added that the bill was for an account , “ and that draws to it relief like the common case of a bill to be paid out of assets ; " and accordingly he decreed ...
... benefit of the creditors , and the widow was a trustee for them . His Lordship added that the bill was for an account , “ and that draws to it relief like the common case of a bill to be paid out of assets ; " and accordingly he decreed ...
Σελίδα 95
... benefit of the estate . ( g ) It ought not , therefore , to be used for the mere personal benefit of the administrator , in such a way as to prevent the real facts from being shown . § 20. But there is nothing in Lord Hardwicke's ...
... benefit of the estate . ( g ) It ought not , therefore , to be used for the mere personal benefit of the administrator , in such a way as to prevent the real facts from being shown . § 20. But there is nothing in Lord Hardwicke's ...
Σελίδα 96
... benefit of the estate , and not of the executor or administrator individu- ally . It is very evident that the executor does not derive his office wholly from the will ; his own assent is a neces- sary ingredient to its perfection ; and ...
... benefit of the estate , and not of the executor or administrator individu- ally . It is very evident that the executor does not derive his office wholly from the will ; his own assent is a neces- sary ingredient to its perfection ; and ...
Σελίδα 142
... benefit of the consideration , even if it enured to his benefit exclusively . Thus in Fowler v . Moller , 4 Bosworth , 149 , the New York Superior Court held that a promise made by the assignee of a lease , to the landlord , in ...
... benefit of the consideration , even if it enured to his benefit exclusively . Thus in Fowler v . Moller , 4 Bosworth , 149 , the New York Superior Court held that a promise made by the assignee of a lease , to the landlord , in ...
Σελίδα 145
... , and to which I have already alluded , is when the promise to pay the debt of another arises out of some new and original con sideration of benefit or harm , moving between the newly 19 Art . III . ] 145 COLLATERAL UNDERTAKINGS .
... , and to which I have already alluded , is when the promise to pay the debt of another arises out of some new and original con sideration of benefit or harm , moving between the newly 19 Art . III . ] 145 COLLATERAL UNDERTAKINGS .
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Συχνά εμφανιζόμενοι όροι και φράσεις
affirmed agreed agreement amount appeared apply arising assets assumpsit authority benefit bill chapter charge charter-party Chief Justice cited clause collateral common law consideration contract counsel creditor damages debt due debtor decided A. D. decision declaration defendant defendant's promise delivering the opinion demurrer discharge doctrine effect evidence executor fact ground guaranty indemnify indorsed intestate judgment jury latter law merchant learned judge liability lien Lord Lord Ellenborough Lord Mansfield marriage Massachusetts memorandum ment Nash nonsuit objection original debtor paid party pay a debt pay the debt pay the plaintiff payment plaintiff Pleas principle prom promise to answer promise to pay promisor proposition purchase question reason recover refused representation request respect rule settled South Carolina special promise statute of frauds subsequent sufficient Supreme Court surety sustained testator thereof third person tion transaction trial undertaking verbal promise verdict Vermont void writing York
Δημοφιλή αποσπάσματα
Σελίδα 44 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, 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 be charged therewith, or some other person thereunto by him or her lawfully authorized.
Σελίδα 38 - no action shall be brought whereby to charge 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 to answer for the debt, default, or miscarriage of another person ; or to charge any person upon any agreement made upon consideration of marriage...
Σελίδα 41 - The fourth section enacts that after the date there mentioned "no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Σελίδα 36 - Every contract for the leasing for a longer period than one year, or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be In writing, and be subscribed by the party by whom the lease or sale is to be made.
Σελίδα 55 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Σελίδα 56 - And by the seventeenth section of the same statute it is enacted, that " no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Σελίδα 59 - An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Σελίδα 57 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing and subscribed by the party to be charged therewith : 1 . Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Σελίδα 50 - In the following cases specified in this section every agreement, contract and promise shall be void, unless such agreemerit, contract, or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized, that is to say : 1. Every agreement that, by its terms, is not to be performed in one year from the making thereof.
Σελίδα 27 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upward, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.