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... Atlantic Reporter - Página 7591886Visualização integral - Acerca deste livro
| 1853 - 558 páginas
...case of a debt barred by the statute of limitation or bankruptcy.) " but can give no original cause of action, if the obligation on which it is founded never could have been enforced at law."| So that although a man had promised to repay money laid out in the maintenance of a young lady, (a... | |
| Joseph Chitty - 1855 - 1120 páginas
...consideration, which might have been enforced at law through the medium of an implied promise, had it not °bcen suspended by some positive rule of law ; but can give...of action, if the obligation on which it is founded could never have been enforced at law, though not barred by any legal maxim or statute provision1 (g)"... | |
| Conway Robinson - 1855 - 884 páginas
...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...some positive rule of law ; but can give no original cause of action if the obligation on which it is founded never could have been enforced at law, though... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1856 - 614 páginas
...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...not barred by any legal maxim or statute provision. There is no implied promise from the father of a bastard child to the mother to furnish it a support.... | |
| Theophilus Parsons - 1857 - 936 páginas
...express promise can only revive a precedent good consideration, which might have %ccn enforced at law through the medium of an implied promise, had it not...some positive rule of law ; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law,... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 páginas
...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...enforced at law, though not barred by any legal maxim or statutory provision." In this state " a moral obligation to pay money, or perform a duty, is a good... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 páginas
...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...some positive- rule of law ; but can give no original cause of action, if the obligation on which it is founded never could have been so enforced at law,... | |
| Nathan Howard (Jr.) - 1863 - 606 páginas
...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 Goulding agt. Davidson. by some positive rule of law ; but can give no original cause of action, if... | |
| Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 páginas
...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...not barred by any legal maxim or statute provision. [3 Bos. & P., 249.] Supreme Ct., 1816, Smith c. Ware, 18 Johnt., 257 ; to the same effect [citing,... | |
| 1864 - 824 páginas
...that is founded upon an antecedent valuable consideration is sufficient to sustain a promise, though the obligation, on which it is founded, never could have been enforced at law. In other words, a moral obligation is sometimes a sufficient consideration for an express promise,... | |
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