affirmed agreed agreement amount appeared apply arising assets assumpsit authority benefit bill chapter charge charter-party Chief Justice cited clause collateral common law consideration contract counsel creditor damages debt due debtor decided A. D. decision declaration defendant defendant's promise delivering the opinion demurrer discharge doctrine effect evidence executor fact ground guaranty indemnify indorsed intestate judgment jury latter law merchant learned judge liability lien Lord Lord Ellenborough Lord Mansfield marriage Massachusetts memorandum ment Nash nonsuit objection original debtor paid party pay a debt pay the debt pay the plaintiff payment plaintiff Pleas principle prom promise to answer promise to pay promisor proposition purchase question reason recover refused representation request respect rule settled South Carolina special promise statute of frauds subsequent sufficient Supreme Court surety sustained testator thereof third person tion transaction trial undertaking verbal promise verdict Vermont void writing York
Page 44 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized.
Page 38 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person ; or to charge any person upon any agreement made upon consideration of marriage...
Page 41 - The fourth section enacts that after the date there mentioned "no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 36 - Every contract for the leasing for a longer period than one year, or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be In writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 55 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Page 56 - And by the seventeenth section of the same statute it is enacted, that " no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 59 - An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 57 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing and subscribed by the party to be charged therewith : 1 . Every agreement that, by its terms, is not to be performed within one year from the making thereof.
Page 50 - In the following cases specified in this section every agreement, contract and promise shall be void, unless such agreemerit, contract, or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized, that is to say : 1. Every agreement that, by its terms, is not to be performed in one year from the making thereof.
Page 27 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upward, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.