 P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended...  Cases Determined in the Supreme Court of Washington - Page 135by Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1910Full view - About this book
 | William Johnson - 1837 - 678 pages
...consideration, which might have been enforced at low, through the medium of an implied promise, hud it not been suspended by some positive rule of law...not barred by any legal maxim or statute provision." 56. Where money has been paid, and a receipt taken, and afterwards, the jMirty to whom the money was... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus - 1841 - 1144 pages
...implied promise, had it not been suspended by some positive rule of law ; but can give no original cause of action, if the obligation, on which it is founded,...not barred by any legal maxim or statute provision." Instances are given of voidable contracts, as those of infants ratified by an express promise after... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Henry Davison - 1841 - 734 pages
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action if the obligation, on which it is founded,...not barred by any legal maxim or statute provision." Instances are given of voidable contracts, as those of infants, ratified by an express promise after... | |
 | Joseph Chitty - 1841 - 1040 pages
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action if the obligation on which it is founded...not barred by any legal maxim or statute provision (*). And equity will not enforce the performance of a verbal promise by a single man, that he would... | |
 | 1843 - 564 pages
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action, if the obligation on which it is founded...not barred by any legal maxim or statute provision." It would seem, therefore, that the case of Gibson v. Dickie, (3 II. & S. 433), where a declaration,... | |
 | Great Britain. Court of King's Bench, Sir Edmund Saunders - 1845 - 602 pages
...promise, had it not been suspended " by some positive rule of law ; but can " give no original cause of action, if " the obligation, on which it is founded,''...barred by any legal " maxim or statute provision." 11 A. & E. 438. 447. Eastwood v. Kenyan. 3 P. & D. 276. SC The case above cited of Lee v. Muggeridge... | |
 | Arkansas. Supreme Court - 1854 - 780 pages
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action, if the obligation on which it is founded...barred by any legal maxim or statute provision." The same rule is laid down in 3 Bosanguet $• Puller 244. Smith vs. Vare, 13 John. R. 258. In the case... | |
 | John William Smith - 1847 - 438 pages
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action, if the obligation on which it is founded...not barred by any legal maxim or statute provision." Lord DENMAN CJ thus explains, in Eastwood v. Kenyan, the broad principle upon which this doctrine is... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850 - 712 pages
...implied promise, had it not been suspended by some positive rule of law ; but can give no original cause of action if the obligation on which it is founded...not barred by any legal maxim or statute provision." And indeed the promise of a certificated bankrupt must be express, distinct and unequivocal. (Fleming... | |
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