 | Henry Roscoe - 1831 - 788 pages
...contract, whereby to take any case out of the operation of the said enactments, or either of them, or to deprive any party of the benefit thereof, unless...or administrators of any contractor, no such joint contractor, executor or administrator, shall lose the benefit of the said enactments, or either of... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 808 pages
...to take any case out of the operation of the said enactments, (that is, the statute of limitations), or to deprive any party of the benefit thereof, unless...contained by or in some writing to be signed by the parti/ chargeable thereby. On the other hand, it was said, that, as the promise by words in this case... | |
 | Great Britain. Court of King's Bench, Frederick Augustus Carrington, Joseph Payne - 1831 - 702 pages
...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... | |
 | William Selwyn - 1831 - 774 pages
...contained liy or injsome"writingto be signed bythe parly2cTT;iTgea'BIe~ the re by ; and tEat where 'tfiere shall be two or more joint contractors, or executors...or administrators of any contractor, no such joint contractor, &c. shall lose the benefit of the statute, so as to be chargeable in respect or by reason... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 812 pages
...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 pages
...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 pages
...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 Common Pleas, Peregrine Bingham - 1832 - 614 pages
...promise shall not suffice to revive a demand barred by the statute of limitations, it proceeds : " And where there shall be two or more joint contractors?...or administrators of any contractor, no such joint contractor, executor, or administrator shall lose the benefit of the said enactments, or either of... | |
 | William Tidd - 1833 - 440 pages
...contract, " whereby to take any case out of the operation of the said enact" ments, or either of them, or to deprive any party of the benefit " thereof,...contractors, or executors or administrators of any contrac" tor, no such joint contractor, executor or administrator, shall " lose the benefit of the... | |
 | Great Britain. Court of King's Bench - 1833 - 1072 pages
...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... | |
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... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby... 
