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" No executor or administrator shall be chargeable upon any special promise to answer damages, or to pay the debts of the testator or intestate, out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, be in writing,... "
The Southern Law Review: And Chart of the Southern Law and Collection Union - Page 652
1872
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 722 pages
...is not to be performed within the space of one year from the making thereof, unless the agreement, or some memorandum or note thereof, be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized. • One...
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A treatise on the principles of pleading in civil actions

Henry John Stephen - 1824 - 598 pages
...byparol, at common law, but by the Statute of Frauds, sect. 4., is not valid unless the agreement, or some memorandum or note thereof, be in writing, and signed by the party, &c.) the declaration on such promise, need not allege a written contract (£). As to this rule,...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - 1829 - 878 pages
...testator t^"^™^, or intestate, out of his own estate, unless the agreement for that pur- ' pose, or some memorandum or note thereof, be in writing, and signed by such executor or administrator, or by some other person by him thereunto specially authorised. 5 2....
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Synopsis of Mercantile Laws: With an Appendix : Containing the Most Approved ...

Joshua Montefiore - 1830 - 528 pages
...any promise to answer for the debt, default, or miscarriage of another person ; unless the agreement or some memorandum or note thereof, be in writing, and signed by the party to be charged therewith, or some other' persons thereunto by him lawfully authorized." An agreement...
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Reports of Cases Determined in the Constitutional Court of South ..., Volume 4

South Carolina. Constitutional Court of Appeals, David James McCord - 1830 - 612 pages
...debt, default, or miscarriage of another person; unless the agreement upon which such action is brought or some memorandum or note thereof be in writing and signed by the party to be charged therewith. &c. The cases involving the construction of this clause of the statute...
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A Treatise on the Law of Princpal and Surety, Page 685

Edward Dix Pitman - 1840 - 304 pages
...Frauds (a) requires, in order to make a collateral promise binding — 1st. That the agreement for the promise, or some memorandum or note thereof, be in writing ; and, 2ndly. That it be signed by the party to be charged, or his agent lawfully authorized. Subsequent cases...
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - 1841 - 590 pages
...9. debts of the testator or intestate, out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, be in writing, and signed by such executor or administrator, or by some other person by him thereunto specially authorized. Very...
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The Doctrine and Practice of Equity: Or, A Concise Outline of Proceedings in ...

George Goldsmith - 1843 - 118 pages
...any interest in or concerning the same, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, be in writing, and signed by the parly charged therewith, or some other person thereunto by him lawfully authorized. By a liberal interpretation...
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The Public and Private Life of Lord Chancellor Eldon: With ..., Volume 1

Horace Twiss - 1844 - 536 pages
...s. 4.), that no agreement is enforceable upon any contract or sale of lands, unless such agreement, or some memorandum or note thereof be in writing, and signed by the party to be charged therewith or his authorised agent. Of this enactment the following story, told...
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Merchants' Magazine and Commercial Review, Volume 16

1847 - 670 pages
...or any agreement not to be performed within the space of one year, unless the promise or agreement, or some memorandum or note thereof be in writing, and signed by the person to be charged, or the authorized agent of such person. Every gift, grant, or conveyance of lands...
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