 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1837 - 988 pages
...case comes within this clause of the statute or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable,...property, except such as arises from his express promise." In Green v. Cretswell (d), where the defendant, an attorney, requested the plaintiff to execute a bail-bond... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - Law reports, digests, etc - 1840 - 796 pages
...case comes within this clause of the statute or not depends not on the consideration for the promise, but on the fact of the original party remaining liable,...property, except such as arises from his express promise." The inquiry, therefore, in this case must be, whether the original liability of Hadley remained after... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1840 - 796 pages
...case comes within this clause of the statute or not depends not on the consideration for the promise, but on the fact of the original party remaining liable,...property, except such as arises from his express promise." The inquiry, therefore, in this case must be, whether the original liability of Hadley remained after... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1844 - 988 pages
...case comes within this clause of the statute or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable,...property, except such as arises from his express promise." In Green v. Cresswell (d), where the defendant, an attorney, requested the plaintiff to execute a bail-bond... | |
 | Great Britain. Court of King's Bench, Edmund Saunders - Law reports, digests, etc - 1845 - 968 pages
...case comes within this clause of the statute or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable,...property, except such as arises from his express promise. [The test just above laid down was adopted by the court in 10 A. & E. 453. Green v. Cresswell. 2P.&D.430.... | |
 | Commercial law - 1847 - 554 pages
...comes within this clause of the statute or not ; depends, not on the consideration for the promise , but on the fact of the original party remaining liable,...property, except such as arises from his express promise." This rule was admitted to be correct by the counsel on both sides in the recent case of Butcher rs.... | |
 | John William Smith - Contracts - 1847 - 438 pages
...resolves as justcited (p. 45.) ; where he couples with the continuing liability of the original party " the absence of any liability on the part of the defendant...property, except such as arises from his express promise;" both of which conditions he holds requisite to bring a guarantee within the statute. Thus, where there... | |
 | Law - 1853 - 592 pages
...comes within this clause of the statute or not, depends, not on the consideration for the promise, but on the fact of the original party remaining liable,...absence of any liability on the part of the defendant, except such as arises from his express promise." John William Smith lays down a similar rule, more... | |
 | John William Smith - Contracts - 1853 - 488 pages
...resolves as just cited (p. 45); where he couples with the continuing liability of the original party " the absence of any liability on the part of the defendant or his property, except such arises from his express promise ;" both of which conditions he holds requisite to bring a guarantee... | |
 | Joseph Chitty - Contracts - 1855 - 1120 pages
...question, therefore, whether each particular case comes within this clause of the statute, depends on the fact of the original party remaining liable,...absence of any liability on the part of the defendant, except such as arises from his express promise (e) : and accordingly it is held, that if the person... | |
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... the question whether each particular case comes within this clause of the statute (sec. 4), or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable, coupled with the absence of any liability... 
