 | John Groesbeck - 1868 - 350 σελίδες
...beyond the scope of his engagement: a mere recommendation or overture to guarantee is not sufficient. A guarantee must be accepted, to make it a contract;...given, unless such change is expressly provided for. A guarantor, after paying the debt, has a right to substitute himself in the place of the creditor,... | |
 | New Jersey. Court of Chancery - 1868 - 630 σελίδες
...controversy. The statute prohibits the maintenance of an action upon a contract for the sale of land, unless the agreement, or some memorandum or note thereof, be in writing. The wisdom of the provision is abundantly vindicated by the evidence in this case. Courts of equity... | |
 | John Groesbeck - 1869 - 372 σελίδες
...beyond the scope of his engagement : a mere recommendation or overture to guarantee is not sufficient. A guarantee must be accepted, to make it a contract;...provided for. In some States, unless the creditor can show that it would be useless to proceed against the debtor, he must first institute proceedings... | |
 | 1869 - 820 σελίδες
...statute, 29 Car. II., c. 3, provided that no action shall be brought " whereby to charge the defendant, upon any special promise to answer for the debt or default of another, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and... | |
 | Montgomery Hunt Throop - 1870 - 852 σελίδες
...administrator, upon any promise to answer damages out of his own estate, or whereby to charge the defendant, upon any special promise, to answer for the debt or default of another, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and... | |
 | Causten Browne - 1870 - 616 σελίδες
...administrator, upon any promise to answer damages out of his own estate, or whereby to charge the defendant, upon any special promise to answer for the debt or default of another, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and... | |
 | John Groesbeck - 1872 - 374 σελίδες
...his engagement : a mere recommendation or overture to guarantee is not sufficient. A guarantee mu«t be accepted, to make it a contract; and the guarantor...provided for. In some States, unless the creditor san show that it would be useless to proceed against the debtoi , he must first institute proceedings... | |
 | Isaac Grant Thompson - 1873 - 802 σελίδες
...460. The act of 1855, by providing that no action shall be brought "whereby to charge the defendant upon any special promise to answer for the debt or default of another, unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing, and... | |
 | 1896 - 644 σελίδες
...promises to pay. The Act says : "No action shall be brought whereby to charge . . . . the defendant upon any special promise to answer for the debt or default of another unless the agreement .... shall be in writing." This is clearly meant to relieve an alleged guarantor or surety; it was... | |
 | United States. Supreme Court - 1882 - 1074 σελίδες
...action shall be brought to charge a defendant on a special promise for the debt, default, or miscarriage of another; unless the agreement, or some memorandum, or note thereof, be in the writing and signed by the party, or by some one by him authorized. The wordg "collateral" or "original"... | |
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No action shall be brought whereby to charge any executor or administrator, upon any promise to answer damages out of his own estate, or whereby to charge the defendant, upon any special promise, to answer for the debt or default of another, unless the... 
