| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 706 pages
...person ought to pay. An' express promise, therefore, as it should seem, can only revive a precedent gaod consideration, which might have been enforced at law...some positive rule of law, but can give no original right of action if the obligation on which it is founded never i nulii have been enforced at law, though... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 708 pages
...subsequent eiprest promise, such a person ought-tu pay. An express promise, therefore, as it should seera, can only revive a precedent good consideration, which...promise, had it not been suspended by some positive rule ot law, but can give no original right of action if the obligation on which it is founded nerer could... | |
| Jacob D. Wheeler - Common law - 1834 - 626 pages
...3 B. & P. 249; this conclusion is arrived at: "an express promise therefore it should seem oanfonly revive a precedent good consideration, which might have been enforced at law through the medi. ,um of an implied promise, had it not been suspended by some positive rule of law; but can have... | |
| William Johnson - Law reports, digests, etc - 1837 - 678 pages
...summed up in a note to 3 Bos. and Pull. 249. " An express promise, therefore, as it should seem, ciui only revive a precedent good consideration, which might have been enforced at low, through the medium of an implied promise, hud it not been suspended by some positive rule of law... | |
| Joseph Chitty - Contracts - 1841 - 1040 pages
...due notice of its dishonour, is liable if he subsequently promise payment (o). In genera], however, an express promise can only revive a precedent good...of action if the obligation on which it is founded CO -M'Ar«i' v. Reid, 2 M. & Sc. 89. cited ante, 43, n. (o). (g) Ante, 15; and see Sykes v. (k) See... | |
| Francis Towers Streeten, Ewen Henry Cameron - Law reports, digests, etc - 1843 - 716 pages
...debts. Hall v. Middletan, 5 Law J. Rep. (NS) KB 13 ; 4 Ad.&E. 107; 5N.&M.410. MORAL CONSIDERATION. An express promise can only revive a precedent good...action if the obligation, on which it is founded, could never have been enforced at law, though not barred by any legal maxim or statutory provision.... | |
| Herbert Broom - Legal maxims - 1845 - 544 pages
...those in which an express promise may effectually re- j^,™".5'" vive a precedent goodconsideration, which might have been enforced at law, through the...it not been suspended by some positive rule of law, as in the cases, already adverted to, of bankruptcy and infancy; or where a debt is barred by the Statute... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1854 - 780 pages
...that conceding the money to have been paid either before or since the divorce was obtained, was this a precedent good consideration which might have been...of an implied promise, had it not been suspended by that rule of law which denies the validity of the wife's contracts made during coverture. The item... | |
| John William Smith - Contracts - 1847 - 438 pages
...Kennion, supra, the doctrine in Wennall v. Adney, supra, has been applied to these cases, namely, that " an express promise can only revive a precedent good...at law through the medium of an implied promise." Now a moral obligation is not a good consideration, but, according to PAKKE B. in Jennings v. Brown,... | |
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