A Treatise on the Law of the Statute of Frauds: And of Other Like Enactments in Force in the United States of America, and in the British Empire, Band 1

Kay & Brother, 1884

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Seite 252 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Seite 101 - In all these cases," hy observed, referring to those which fall within the third class, "'founded on a new and original consideration of benefit to the defendant or harm to the plaintiff, moving to the party making the promise, either from the plaintiff or original debtor, the subsisting liability of the original debtor is no objection to a recovery.
Seite 402 - In order to satisfy the statute, there must be a delivery of the goods by the vendor, with an intention of vesting the right of possession in the vendee ; and there must be an actual acceptance by the latter, with an intention of taking to the possession as owner.
Seite 133 - If two come to a shop and one buys, and the other, to gain him credit, promises the seller 'If he does not pay you, I will,' this is a collateral undertaking and void " without writing by the Statute of Frauds.
Seite 103 - That cases are not considered as coming within the statute when the party promising has for his object a benefit which he did not before enjoy, accruing Immediately to himself; but where the object of the promise is to obtain the release of the person or property of the debtor, or other forbearance or benefit to him, It is within the statute.
Seite 759 - Cases in which the guaranty or promise is collateral to the principal contract, but is made at the same time, and becomes an essential ground of the credit given to the principal or direct debtor. Here, as we have already seen, is not, nor need be, any other consideration, than that moving between the creditor and original debtor.
Seite 27 - ... the interpretation of the contract must be governed by the law of the country where the contract was made...
Seite 95 - If it spring out of any new transaction, or move to the party promising upon some fresh and substantive ground of a personal concern to himself.
Seite 94 - I have already alluded, is when the promise to pay the debt of another arises out of some new and original consideration of benefit or harm moving between the newly contracting parties.
Seite 1 - The ground of the decision was, that the statute was intended to be prospective solely, and not retrospective, " and I said, that I had some reason to know the meaning of this law, for it had its first rise from me, who brought in the bill into the Lords' House, though it afterwards received some additions and improvements from the judges and the civilians.

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