Reports of Cases Argued and Determined in the Court of King's Bench; With Tables of the Names of the Cases Argued and Cited, and the Principal Matters Volume 10

Reports of Cases Argued and Determined in the Court of King's Bench; With Tables of the Names of the Cases Argued and Cited, and the Principal Matters Volume 10

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 edition. Excerpt: ...50/. &c. Second count on an account stated. Pleas.--1. Non assumpsit. Issue thereon. 2. To first count, actionem non; because the promise in the first count mentioned was a special promise to answer for the debt and default of another person, in manner and form as in the said first count is stated and set forth; and that no agreement in respect of or relating to the promise and supposed cause of action in the said first count mentioned, or any memorandum or note thereof, wherein the consideration for the said special promise was stated or shewn, was in writing, and signed by the defendant, or by any person thereunto by him lawfully authorised, according to the statute &c. Replication, that the said promise was not a special promise to answer for the debt or default of another person in manner and form &c. Issue thereon. On the trial, before Park J., at the Warwickshire Summer assizes, 1837, evidence was given of the promise, as stated in the declaration; but no evidence was given of any writing. The learned Judge was of opinion that the case was not within the Statute of Frauds; and a verdict was found for the plaintiff, on the replication to the second plea. In Michaelmas term, 1837, Goulbitrn Serjeant obtained a rule for a new trial, or arrest of judgment. Balguy Balguy now shewed cause (a). This is not a case 1839. within sect. 4 of the Statute of Frauds, stat. 29 C. 2. c.3. Green The defendant is not charged "upon any special pro-against Crisswki mise, to answer for the debt, default or miscarriages of another person." When the promise was made, no debt was due from Hadley to this plaintiff, nor had Hadley committed any default or miscarriage. Nor is this action brought in consequence of any failure, on Hartley's part, ...show more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236541871
  • 9781236541871