 | 1847 - 554 Seiten
...Trupell, 4 Taunt. 117; say that, " The rule to be derived from the decisions seems to be this ; that cases are not considered as coming within the statute, when...has for his object a benefit which he did not before enjov, accruing immediately to himself; but where the object of the promise is to obtain the release... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1896 - 784 Seiten
...Mete. 396, 402, it was said: "The rule to be derived from the decisions seems to be this: That cases are not considered as coming within the statute when...property of the debtor, or other forbearance or benefit to him, it is within the statute." This case was cited with approval in Bice v. Building Co., 90 Mich.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1868 - 610 Seiten
...of another, must be in writing, and signed by the party to be charged thereby. — Comp. L. § 944. Where the object of the promise is to obtain the release of the property of the debtor or other forbearance to him, (the debtor) it is within the statute. — 3 Pars,... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1314 Seiten
...that reason invalid. The leading purpose of the promise was to secure to the party making the promise a benefit which he did not before enjoy, accruing immediately to himself. Such a promise is not within the statute. Nelson v. Boynton, 3 Met 396, 402. Curtis v. Brown, 5 Cush.... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 700 Seiten
...case of Nelson v. Boynton, 3 Met. 402, after stating the distinction, is summed up thus : " That cases are not considered as coming within the statute, when...himself; but where the object of the promise is to obtain a release of the person or property of the debtor, or other forbearance or benefit to him, it is within... | |
 | Montgomery Hunt Throop - 1870 - 852 Seiten
...of those cases, and added: "The rule to be derived from the decisions seems to be this : that cases are not considered as coming within the statute, when...property of the debtor, or other forbearance or benefit to him, it is within the statute." Applying that rule to the present case, he said that although the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1872 - 640 Seiten
...Nelson v. Boynton, 3 Met. 396 : " The rule to be derived from the decisions seems to be this: that cases are not considered as coming within the statute, when...his object a benefit which he did not before enjoy, accuring immediately to himself; but where the object of the promise is to obtain the release of the... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1885 - 624 Seiten
...court then proceeds to say : "The rule to be derived from the decisions seems to be this: That cases are not considered as coming within the statute when...property of the debtor, or other forbearance, or benefit to him, it is within the statute." To apply this rule to the present case, we find that the testimony... | |
 | 1915 - 1328 Seiten
...consideration for the promise must be of some benefit to the promisor and not a mere detriment to the promisee. "Where the object of the promise is to obtain the...property of the debtor, or other forbearance or benefit to him, it is within the statute." Nelson v. Boynton (3 Mete.) 44 Mass. 396, 37 Am. Dec. 148; 20 Cyc.... | |
 | 1914 - 1350 Seiten
...these words in a leading case: "The rule to be derived from the decisions seems to be this: That cases are not considered as coming within the statute when...has for his object a benefit which he did not before eujoy, accruing immediately to himself; but where the object of the promise is to obtain the release... | |
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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... 
