| Great Britain. Court of King's Bench, Frederick Augustus Carrington, Joseph Payne - 1831 - 702 páginas
...or promise by word only shall be deemed sufficient evidence of a new or continuing contract" &c. " unless such acknowledgment or promise shall be made...writing to be signed by the party chargeable thereby." It becomes, therefore, the duty of the party who is to take a case out of the statute to shew affirmatively... | |
| Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 812 páginas
...operation of the said enactments (viz. the enactments contained in the statute 21 Jac. 1, c. 16), or either of them, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall ba made or contained by or in some writing to be signed by the party chargeable thereby." 1829. For... | |
| Great Britain. Court of Exchequer - 1834 - 1058 páginas
...of a new or continuing contract, whereby to take any case out of the operation of 21 Jac. 1. c. 16. or to deprive any party of the benefit thereof, unless...writing to be signed by the party chargeable thereby." Mr. Curwood relied on Kennett v. Milbank (a), as recognizing the position that a defendant's acknowledgment... | |
| Massachusetts - 1832 - 946 páginas
...the thirteenth day of February, in the year of our Lord one thousand seven hundred and eighty-seven ; or to deprive any party of the benefit thereof, unless...promise shall be made or contained by or in some writing signed by the party chargeable thereby ; and that where there shall be two or more joint contractors... | |
| Great Britain. Court of King's Bench - 1833 - 1072 páginas
...by an unconditional against Hll-LAEY. acknowledgment. Lord TENTERDEN CJ The words of the act are, " unless such acknowledgment or promise shall be made...writing to be signed by the party chargeable thereby." The defendant himself must be chargeable by the instrument relied upon to bar the statute. That was... | |
| Joseph Chitty - 1833 - 1020 páginas
...any party of the CHAP. IX. benefit thereof, unless such acknowledgment or promise shall STATUTES 01 be made or contained by or in some writing to be signed by the part// chargeable thereby, (m) and that where there shall be two or more joint contractors, or executors,... | |
| Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 páginas
...continuing contract, whereby to take the case out of the operation of the recited enactments, or either of them, or to deprive any party of the benefit thereof,...writing, to be signed by the party chargeable thereby. This acknowledgment is precisely within the terms of this section, since it confesses a debt previously... | |
| Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 páginas
...of a new or continuing contract, whereby to take any case out of the operation of 21 Jac. 1. c. 16. or to deprive any party of the benefit thereof, unless...writing to be signed by the party chargeable thereby." Mr. Curwood relied on Kennett v. MilbanJc (a), as recognizing the position that a defendant's acknowledgment... | |
| Thomas Edlyne Tomlins - 1835 - 862 páginas
...enactments, (of the Eng. Act, 21 Jac. 1. c. 16 ; and the Irish Act, 10 Car. 1. sess. 2. c. 6.) or either all events be secure of his purchase ; otherwise...soon at an end. The general rule of law, therefore, joint-contractors, or executors, or administrators, of any contractor, no such joint-contractor, executor,... | |
| John Sidney Smith - 1835 - 718 páginas
...section of the statute of limitations, or in the section of the Irish act to the same effect, or either of them, or to deprive any party of the benefit thereof,...writing, to be signed by the party chargeable thereby. By 3 & 4 William IV. c. 42. s. 3, it is enacted, that all actions of debt for rent, upon an indenture... | |
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