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" A guarantor is not liable beyond the scope of his engagement : a mere recommendation or overture to guarantee is not sufficient. A guarantee must be accepted, to make it a contract; and the guarantor must have notice, either direct or implied, of its... "
The Crittenden Commercial Arithmetic and Business Manual: Designed for the ... - Page 316
by John Groesbeck - 1868 - 348 pages
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - Landlord and tenant - 1822 - 722 pages
...upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement, or some memorandum or note thereof, be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully...
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A treatise on the principles of pleading in civil actions

Henry John Stephen - 1824 - 598 pages
...person, (which was good byparol, at common law, but by the Statute of Frauds, sect. 4., is not valid unless the agreement, or some memorandum or note thereof, be in writing, and signed by the party, &c.) the declaration on such promise, need not allege a written contract (£)....
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 17

New Jersey. Court of Chancery - Law reports, digests, etc - 1868 - 624 pages
...controversy. The statute prohibits the maintenance of an action upon a contract for the sale of land, unless the agreement, or some memorandum or note thereof, be in writing. The wisdom of the provision is abundantly vindicated by the evidence in this case. Courts of equity...
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Synopsis of Mercantile Laws: With an Appendix : Containing the Most Approved ...

Joshua Montefiore - Commercial law - 1830 - 528 pages
...can be brought " upon any promise to answer for the debt, default, or miscarriage of another person ; unless the agreement or some memorandum or note thereof, be in writing, and signed by the party to be charged therewith, or some other' persons thereunto by him lawfully authorized."...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Volume 725

Commercial law - 1847 - 554 pages
...action shall be brought to charge a defendant on a special promise for the debt, default, or miscarriage of another, unless the agreement, or some memorandum or note thereof, be in writing and signed by the party, or by any one by him authorized." The terms "collateral" or "original" promise,...
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Commentaries on the Law of Promissory Notes: And Guaranties of Notes, and ...

Joseph Story - Checks - 1856 - 758 pages
...shall be brought, to charge a defendant on a special promise for the debt, default, or miscarriage of another, unless the agreement, or some memorandum or note thereof, be in writing and signed by the party, or by any one by him authorized.' The terms 'collateral' or 'original' promise...
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The Examination Chronicle, Volumes 1-3

Law - 1064 pages
...of frauds, for the price, by a subsequent Act altered to the . value, of £10 and upwards, is valid, unless the agreement, or some memorandum, or note thereof be in writing, signed by the person charged thereby, or his lawfully authorised agent, unless the buyer shall accept...
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The Crittenden Commercial Arithmetic and Business Manual: Designed for the ...

John Groesbeck - Arithmetic - 1868 - 350 pages
...necessary, it is preferable that the guarantee be in writing . because the evidence of the fact is then so much easier of proof. In some States, the...paying the debt, has a right to substitute himself in the place of the creditor, and is entitled A o receive from him all the securities held by him for...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 2

New Jersey. Court of Chancery - Equity - 1868 - 630 pages
...controversy. The statute prohibits the maintenance of an action upon a contract for the sale of land, unless the agreement, or some memorandum or note thereof, be in writing. The wisdom of the provision is abundantly vindicated by the evidence in this case. Courts of equity...
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The Crittendon Commercial Arithmetic and Business Manual: Designed for the ...

John Groesbeck - Business mathematics - 1871 - 370 pages
...beyond the scope of his engagement : a mere recommendation or overture to guarantee is notjSufficient. A guarantee must be accepted, to make it a contract;...given, unless such change is expressly provided for. In some States, unless the creditor 3an show that it would be useless to proceed against the debtoi...
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