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missory note, and I will see you at Christmas, when you shall receive from me the amount of it, together with the memorandum of my son's, making in the whole 45l.(w). It was held, that the consideration, namely, the withdrawing of the note, was sufficiently stated to satisfy the statute, though the amount and maker's name were not specified, there being no evidence of any other note to which the agreement could apply.

“I hereby guarantee to you the payment of the proceeds of the goods you have consigned to my brother, John Tooth, of Sydney, in your ship the John Woodall, Captain Henderson, and also any future shipments you may make to him, in consideration of the sum of 2s. 6d. paid me, which I hereby acknowledge to have received(y). It was held, that the consideration for the promise to guarantee the payment of the goods consigned to the defendant's brother before the guarantee was given, (as well as those which were consigned afterwards,) appeared upon the writing, although the undertaking did not disclose by whom the 2s. 6d. was paid : the fair intendment being, that it was paid by the plaintiff to the defendant.

2ndly. Where no consideration, or no sufficient consideration, appears upon the written agreement.

“ Messrs. Wain & Co.: I will engage to pay you by half-past four this day, 561. and expenses, on bill that amount on Hall" ().

you

have a claim on my brother for 51. 17s. for boots and shoes, I hereby undertake to pay you the amount within six weeks, say the 4th January, 1833"

(a).

66 As

وو

(20) Shortrede v. Cheek, 1 Ad. & Ell. 57.

(y) Dutchman v. Tooth, 5 Bing. N. C. 577.

(z) Wain v. Warlters, 5 East, 10.

(a) James v. Williams, 5 B. & Ad. 1109.

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Tuary, 1831, nim, the said urney for the

sed to consider ving and Co.'s

DiSsory note, and the tru at C: Fan shail receive inn, mene amoun to the memorandum :f Isy sun - Laboral wiele t51." 1. It vis try, that nazely, the withiriwag of ikke enth statei o suit the time amount and make's name werk ang no evidence of any k artement could apply "I hereby guarantee to m. dels of the goods you are

... HoTooth, of Sydner, I'll," Intain Henderson and her may make to laim. L 13. Gd. paid me. wines we received" !

for the promist is E consigned Darantee was COISSE

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pay you on Mr. Thomas the expiration of the usual any deficiency on his part so

1

fendant on occasion of there n a banking-house, went to the

holders of notes issued by the aiting for payment, that he had ution to support the bank with ch the holders then present were

id they would take no more money essary, and would keep the rest of ill they got again into currency, and defendant signed the following writ

lo hereby authorize Mr. George It was held, in the last two cases, that no inference can be drawn that the consideration for the promise was forbearance.

**. & J.

Brod.

86. Bing.

107; S. C. 10 J. B. Moo. 395.

(1) Evans v. Duncombe, 1 Cr. & J. 372.

(1) Atkinson v. Carter, 2 Chit. 403.

“ Mr. Wakefield will engage to pay the bill drawn by Pitman in favour of Stephen Saunders ”(b).

« I hereby agree to see you paid within three months from the date hereof, the amount of 501., due to you on account of Mr. George Moore, jun., Sheffield”(c). “I have enclosed you the bills drawn per

I. T. Armstrong, upon and accepted by Leonard Dell, , which I doubt not will meet due honour, but in default thereof I will see the same paid” (d).

“Mr. Richard H. Chase, of the Office of Ordnance, Barbadoes, about to proceed thither in the Mary, having incurred an account with you, amounting to 491. 5s., with the understanding that he is to transmit the amount to you three months after he shall have arrived at Barbadoes, we hereby guarantee his performance of the said engagement, and in failure thereof, we will be responsible to you”(e). “R. Ridley, plaintiff, and James Ashdown,

defendant. £6 11 11 We, the undersigned, Costs - 4 18 4 jointly and severally under

take and agree to pay George £11 10 3 C. Cole, gentleman, the debt

and full costs in this action,

66 Debt

(6) Saunders v. Wakefield, 4 B. & Ald. 595.

(c) Clancy v. Piggott, 2 Ad. & Ell. 473.

(d) Hawes v. Armstrong, 1 Bing. N. C.761.

(e) Ellis v. Levi, 1 Bing. N.C. 767, in notis.

provided, on or before the 1st day of January, 1831, a sum of 11l. 10s. 3d., be not paid to him, the said George Cole, at his office, as the attorney for the plaintiff” ($). “ To Messrs. Jenkins and Jones,

“Gentlemen, To the amount of 1001., be pleased to consider me as security on Mr. James Cowing and Co.'s account”(g).

“ Messrs. Morley and Co., “We hereby promise that your draft on William Clarke, Son and Co., due at Messrs. Masterman's, at six months, on the 27th of November next, shall be then paid out of money to be received from Saint Philip's Church, say amount 1741. 13s. 5d.(h).

“ I, the undersigned, agree to pay the debt and costs in this action" (i).

“I hereby engage to pay you on Mr. Thomas Lamb's account, 301., at the expiration of the usual credit, in the event of any deficiency on his part so to do”(j).

So where the defendant on occasion of there being a great run on a banking-house, went to the bank, and told the holders of notes issued by the bank, who were waiting for payment, that he had come to a resolution to support the bank with 30,0001., at which the holders then present were satisfied, and said they would take no more money than was necessary, and would keep the rest of their notes till they got again into currency, and afterwards the defendant signed the following written paper: “I do hereby authorize Mr. George

(f) Cole v. Dyer, i Cr. & J. 461.

(9) Jenkins v. Reynolds, 3 Brod. & B. 14; S. C. 6 J. B. Moo. 86.

(h) Morley v. Boothby, 3 Bing.

107; S. C. 10 J. B. Moo. 395.

(i) Evans v. Duncombe, 1 Cr. & J. 372.

(1) Atkinson v. Carter, 2 Chit. 403.

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