A Treatise On the Limitation of Actions As Affecting Mercantile And Other Contra
A Treatise On the Limitation of Actions As Affecting Mercantile And Other Contra
James John Wilkinson
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In Ashlin v. (1) See the statute 9 Geo. IV. (2) Exjuntc CatT, ■) Vez. & 14, s (j. Beames Rep. 1 id. 124 OF REPRESENTATIONS IN WRITING White (1), "to remember when this species of action came into use, it was dexterously intended to avoid the Sta- tute of Frauds ; by that statute no man was bound to answer for the debt of another without an undertaking in writing; but the design of this action, when first intro- duced into our courts of law, was to make a man responsi- ble for having given a bet...ter character of another than such person deserved : when the principle of this action first gained ground, I remember a flood of causes followed, and such mischief and injustice would have ensued had it not been brought back, after some struggle, within its proper legal limits ; Haycroft v. Creasy, has marked the boundaries, it has wisely and justly established that the foundation of this action was fraud and falsehood in the defendant, and a damage to the plaintiff, by the occasion of such fraud and falsehood.
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