...On collateral Promises. BY the 2d clause of the 4th section of the statute, it is provided tna^ " no action shall be brought whereby to charge the defendant...therewith, or some other person thereunto by him lawfully authorised." In entering upon this branch of the statute, it may be of importance in the first place...

...This, however, will turn on the express enactment of the statute, the fourth section of which provides, that " no action shall be brought, whereby to charge...therewith, or some other person thereunto by him lawfully authorised." On the one hand, it has been contended, that " promise" and " agreement," in this section,...

...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." Now in this clause of the statute, though it is expressly declared, that the promise must be to answer...

...whereby to charge the defendant upon any special promise to answer for the debt, default, or misxarriage of another person, unless the agreement upon which...therewith, or some other person thereunto by him lawfully authorised (a). Now this is clearly a special promise to answer for the default of another, and there,...

...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...person thereunto by him lawfully authorized." The plea is framed accordingly, and negatives the existence of those things which are required by the statute.]...

...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." And we are of opinion, that, according to that statute, the whole agreement must be stated in writing,...

...words of that ^tute, as applicable to the present question, are, that " no action shall be brought to charge the defendant upon any special promise to...other person thereunto by him lawfully authorized." Now, here, as between the plaintiff and defendant, what promise is there by the latter to answer for...

...intimation was given that the annuities continued unpaid by the grantors, or that he would be carriage of another person, unless the agreement upon which...other person thereunto by him lawfully authorized." In virtue of this enactment a verbal guarantie is not binding. 4. The contract of surety, therefore,...

...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 thereunto by him lawfully authorized." The terms, "promise," and "agreement," in this act, do not extend to guarantees under seal, or to bills...

...how affected by the Statute of Frauds. The Statute of Frauds, 29 Car. 2, c. 3, s. 4 («), provides " that no action shall be brought whereby to charge...therewith ; or some other person thereunto by him lawfully authorised.1" 1st. When the Statute applies. — We will consider to what agreements this enactment...