...charge any executor or administrator, upon any special promise, to answer out of his own estate ; or 2. Whereby to charge the defendant, upon any special promise, to answer for the debt, default, or miscarriage of another person ; or 3. To charge any person upon any agreement made upon...

...upwards 'shall be allowed to be good.' The 4th section enacts that ' no action shall be brought, &c., whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another :' so that the one section, in effect, makes the contract altogether...

...attach. (See statute Frauds and Perjuries in Ohio and Pennsylvania: "That no action shull be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought,...

...attach. (See statute Frauds and Perjuries in Ohio and Pennsylvania: "That no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought,...

...charge any executor or administrator upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person; or to charge any person upon any agreement made upon consideration...

...and invokes RS c. 114, § 1, which provides that no action shall be maintained to charge any person upon any special promise to answer for the debt or default of another unless the promise, contract, or agreement on which such action is brought, or some memoranda or note thereof,...

...principal question inthecase. The statute of frauds (section 4) declares that no action shall be brought, whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another, uní íes the agreement upon which euch action shall be brought,...

...statute of frauds (now In Gen. St. p. 1603, § 5, par. 2) which declares that no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person unless the agreement shall be in writing, etc. This the court...

...v.Tallerman, sitpra). ^ection 1 of the Statute of Frauds provides, "that no action shall be brought, whereby to charge * * * the defendant upon any special promise to answer for the debt, default or miscarriage of another person, * * * unless the promise or agreement upon which such action...

...such as we have in section 2794 of the Civil Code. It simply provides that no action shall be brought to charge the defendant upon any special promise to answer for the debt of another unless the promise be in writing subscribed by the defendant. (Pennsylvania Statute of Frauds...