 | Crawford Dawes Hening - 1911 - 652 σελίδες
...therefore, in my judgment, falls within the meaning of the word "miscarriage." The Case of Read and Nash is very distinguishable from this. The promise...assault, or that he had ever been liable in damages ; and the case was expressly decided on the ground that it was an original, and not a collateral, promise.... | |
 | James Williams - 1932 - 342 σελίδες
...Nash concerned a promise to withdraw an action of tort which had not been tried, and accordingly " It did not appear that the defendant in that action...assault, or that he had ever been liable in damages ". But that objection would apply to any guarantee where the third party's liability had not first... | |
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Nash is very distinguishable from this. The promise there was to pay a sum of money as an inducement to withdraw a record in an action of assault, brought against a third person. It did not appear that the defendant in that action had ever committed the... 
