 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1861 - 1008 páginas
...846. (<•) 12 Ves. 435. (i) 7 Bing. 489. or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable,...except such as arises from his express promise." That doctrine was recognised in Fitzgerald v. Dressier (a), where all the authorities on this subject are... | |
 | Causten Browne - 1863 - 616 páginas
...must necessarily fall with the principal obligation."3 And, conversely, if the obligation, either on remaining liable, coupled with the absence of any...property, except such as arises from his express promise." l Roberts on Frauds, p. 216 ; Tileston v. Nettleton, 6 Pick. (Mass.) 509 ; Doyle t>. White, 26 Maine,... | |
 | Montgomery Hunt Throop - 1870 - 852 páginas
...particular case comes within the statute or not, depends, not on the consideration for the promise, but on the fact of the original party remaining liable,...property, except such as arises from his express promise." This conclusion is now generally recognized in England as containing the correct rule. (See Fitzgerald... | |
 | Causten Browne - 1870 - 616 páginas
..." The question whether each particular case comes within this clause of the statute or not, depends on the fact of the original party remaining liable,...property, except such as arises from his express promise." clearly true than in the case of a guaranty of an old debt.1 If, for instance, goods are sold upon... | |
 | John Williams, Sir Edmund Saunders - 1871 - 756 páginas
...Dressier, dwelling especially on the concluding qualification of the passage, " coupled with the ab" wiu'e of any liability on the " part of the defendant or his " property, except such a* arises " from his express promist." The undertaking of a del credere agent, whereby he becomes responsible... | |
 | Isaac Grant Thompson - 1873 - 802 páginas
...that debt It was not in any sense his debt; the original party remained liable; and there i> an entire absence of any liability on the part of the defendant...property, except such as arises from his express promise. Forth v. Stanton. 1 Sannd. (6th ed.) 211, note. When all these elements concur, we know of no case... | |
 | 1896 - 644 páginas
...case comes within the clause of the statute or not depends not on the consideration for the promise, but on the fact of the original party remainIng liable,...property, except such as arises from his express promise. Maule v. Bucknell, 50 Pa. 39. Shoemaker v. King, 40 Id. 107. An agreement to pay the judgment of another,... | |
 | William Fischer Agnew - 1876 - 612 páginas
...comes within this clause of the statute or not, depends, not on the consideration for the promise, but on the fact of the original party remaining liable,...except such as arises from his express promise."^) In Green v. Crcsswell,(c) Denman, CJ, said that there did not appear to be any objection to the above... | |
 | 1920 - 1086 páginas
...comes within this clause of the statute or not, depends, not on the consideration for the promise, but on the fact of the original party remaining liable,...defendant or his property, except such as arises from hl« express promise." Cocjkburn, CJ's, approval of the passage just quoted was expressed to be conditional... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1883 - 858 páginas
...particular case comes within the Statute of Frauds depends " not on the consideration for the promise, but on the fact of the original party remaining liable,...property, except such as arises from his express promise." The case before us cannot possibly be distinguished from Bond v. Treahey, 37 UCR 360-367, where one... | |
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... the question whether each particular case comes within this clause of the statute (sec. 4), or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable, coupled with the absence of any liability... 
