 | Jacob D. Wheeler - Common law - 1834 - 626 pages
...positive rule of law; but can have no original right of action if the obligation on which it is formed, never could have been enforced at law, though not barred by any legal maxim or statute consider* CONTRACTS.— Consideration of. case, that the contract is void for want of consideration... | |
 | William Johnson - Law reports, digests, etc - 1837 - 678 pages
...implied promise, hud it not been suspended by some positive rule of law ; but can give no original right of action, if the obligation on which it is founded...law, though not barred by any legal maxim or statute provision." 56. Where money has been paid, and a receipt taken, and afterwards, the jMirty to whom... | |
 | Joseph Chitty - Contracts - 1841 - 1040 pages
...sufficient to uphold a promise not under seal ; since it has been decided in a late case (a-) that an express promise can only revive a precedent good...law, though not barred by any legal maxim or statute provision (*). And equity will not enforce the performance of a verbal promise by a single man, that... | |
 | Law - 1843 - 564 pages
...to be correct in general, " that an exSrese promise can only revive a precedent good consieration, which might have been enforced at law through the...law, though not barred by any legal maxim or statute provision." It would seem, therefore, that the case of Gibson v. Dickie, (3 II. & S. 433), where a... | |
 | Francis Towers Streeten, Ewen Henry Cameron - Law reports, digests, etc - 1843 - 716 pages
...law, but can give no original cause of 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. The declaration stated, that the plaintiff had expended money in maintaining an... | |
 | Great Britain. Court of King's Bench, Sir Edmund Saunders - Law reports, digests, etc - 1845 - 602 pages
...pronounced to be correct in general, viz. " that an ex" press promise can only revive a pre" cedent good consideration, which " might have been enforced...though not barred by any legal " maxim or statute provision." 11 A. & E. 438. 447. Eastwood v. Kenyan. 3 P. & D. 276. SC The case above cited of Lee... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1854 - 780 pages
...that it is not sufficient." And it is laid down by CHITTY in his work on Contracts, page 47, "That an express promise can only revive a precedent good...law, though not barred by any legal maxim or statute provision." The same rule is laid down in 3 Bosanguet $• Puller 244. Smith vs. Vare, 13 John. R.... | |
 | John William Smith - Contracts - 1847 - 438 pages
...in the rapid and cursory suggestion of a lecture, that I fear there may be some among my audience to might have been enforced at law, through the medium...law, though not barred by any legal maxim or statute provision." Lord DENMAN CJ thus explains, in Eastwood v. Kenyan, the broad principle upon which this... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...express promise in these cases revives a precedent good consideration, but it can give no original right of action if the obligation on which it is founded...enforced at law, though not barred by any legal maxim or statutory provision, (u) Past seduction and past cohabitation, consequently, are not a sufficient consideration... | |
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P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended... 
