A Treatise On the Validity of Verbal Agreements As Affected By the Legislative
A Treatise On the Validity of Verbal Agreements As Affected By the Legislative
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Art. II. ] Collateral undertakings. 636 And upon the question, whether the assignment had been sufficiently ratified, before the service of the trustee process upon t]i(' assignee, it was held that an express ])roniiso, without any new consideration, made by the assignee to the sureties, to the effect that he would keep the property for their security, was valid without writing.
§ 633. But questions of difficulty, upon which the cases are somewhat in conflict, arise when there was no specific t...rust in favor of the plaintiff ; but he founds his action upon an express promise to pay the debt, made by a per- son holding a fund proceeding from his debtor. In such a case, it would seem upon principle, although some au- thorities hold otherwise, that in order to sustain the prom- ise at common law, it must be founded upon some new and distinct consideration. It is impossible to reconcile all the decisions upon the subject of the application of the statute to such a promise ; but it is believed that the weight of reason and authority sustain the three propositions which follow : 1.
What to read after A Treatise On the Validity of Verbal Agreements As Affected By the Legislative?
You can find similar books in the "Read Also" column, or choose other free books by Montgomery H Montgomery Hunt Throop to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Art. II. ] Collateral undertakings. 636 And upon the question, whether the assignment had been sufficiently ratified, before the service of the trustee process upon t]i(' assignee, it was held that an express ])roniiso, without any new consideration, made by the assignee to the sureties, to the effect that he would keep the property for their security, was valid without writing.
§ 633. But questions of difficulty, upon which the cases are somewhat in conflict, arise when there was no specific t...rust in favor of the plaintiff ; but he founds his action upon an express promise to pay the debt, made by a per- son holding a fund proceeding from his debtor. In such a case, it would seem upon principle, although some au- thorities hold otherwise, that in order to sustain the prom- ise at common law, it must be founded upon some new and distinct consideration. It is impossible to reconcile all the decisions upon the subject of the application of the statute to such a promise ; but it is believed that the weight of reason and authority sustain the three propositions which follow : 1.
What to read after A Treatise On the Validity of Verbal Agreements As Affected By the Legislative?
You can find similar books in the "Read Also" column, or choose other free books by Montgomery H Montgomery Hunt Throop to read onlineMoreLess
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