 | John Groesbeck - 1891 - 426 pages
...time. In Pennsylvania, by act of April 26, 1855, no action shall be brought upon any special promfse" to answer for the debt or default of another, unless...given, unless such change is expressly provided for. In some States, unless the creditor can show that it would be useless to proceed against the debtor,... | |
 | Benjamin Jonson Shipman - Pleading - 1895 - 654 pages
...another person, which was good by parol, at common lav/, but, by the statute of frauds, is not valid unless the agreement, or some memorandum or note thereof, be in writing, and signed by the party, etc., the declaration on such promise need not allege a written contract.207... | |
 | Richard Ross Perry - Pleading - 1897 - 536 pages
...person (which was good by parol, at common law, but by the statute of frauds, section 4, is not valid unless the agreement, or some memorandum or note thereof, be in writing, and signed bv the party, etc.), the declaration, on such promise, need not allege a written contract.... | |
 | Indiana. Appellate Court - Law reports, digests, etc - 1899 - 792 pages
...is not to be performed within one year from the making thereof," no action could be brought thereon unless the agreement, or some memorandum or note thereof, be in writing, "and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.... | |
 | Law reports, digests, etc - 1890 - 1168 pages
...provides that no action shall be brought upon any agreement that is not to be performed within a year, unless the agreement, or some memorandum or note thereof, be in writing, and signed by the party to be charged thereby, or his agent, etc. Our statute of frauds and perjuries... | |
 | Law reports, digests, etc - 1921 - 712 pages
...thought she could pay off. Under the Statute of Frauds the action does not lie against the defendant unless the agreement or some memorandum or note thereof be in writing and signed by her. The only writing of any sort signed by her is a receipt which reads thus: "Kitchener,... | |
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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... 
