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" An express promise, therefore, as it should seem, 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 by some positive rule of law, but can give no original... "
The Law Magazine, Or, Quarterly Review of Jurisprudence - Page 404
1840
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Reports of Cases Argued and Determined in the Court of Common ..., 3. köide

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 lehte
...person ought to pay. An' express promise, therefore, as it should seem, can only revive a precedent gaod consideration, which might have been enforced at law...some positive rule of law, but can give no original right of action if the obligation on which it is founded never i nulii have been enforced at law, though...
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Reports of Cases Argued and Determined in the Courts of Common ..., 3. köide

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 lehte
...subsequent eiprest promise, such a person ought-tu pay. An express promise, therefore, as it should seera, can only revive a precedent good consideration, which...promise, had it not been suspended by some positive rule ot law, but can give no original right of action if the obligation on which it is founded nerer could...
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A Practical Abridgment of American Common Law Cases Argued and ..., 3. köide

Jacob D. Wheeler - 1834 - 626 lehte
...3 B. & P. 249; this conclusion is arrived at: "an express promise therefore it should seem oanfonly revive a precedent good consideration, which might have been enforced at law through the medi. ,um of an implied promise, had it not been suspended by some positive rule of law; but can have...
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A Digest of the Cases Decided and Reported in the Supreme Court of ...

William Johnson - 1837 - 678 lehte
...summed up in a note to 3 Bos. and Pull. 249. " An express promise, therefore, as it should seem, ciui only revive a precedent good 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...
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A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - 1841 - 1040 lehte
...due notice of its dishonour, is liable if he subsequently promise payment (o). In genera], however, an express promise can only revive a precedent good...of action if the obligation on which it is founded CO -M'Ar«i' v. Reid, 2 M. & Sc. 89. cited ante, 43, n. (o). (g) Ante, 15; and see Sykes v. (k) See...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Sir Erskine Perry, Henry Davison - 1841 - 734 lehte
...Wcitnall v. Adnej/(ti), 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 lawthrough the medium of an implied promise, had it not been suspended by some positive rule of law,...
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An Analytical Digest of the Cases Published in the New Series of the Law ...

Francis Towers Streeten, Ewen Henry Cameron - 1843 - 716 lehte
...debts. Hall v. Middletan, 5 Law J. Rep. (NS) KB 13 ; 4 Ad.&E. 107; 5N.&M.410. MORAL CONSIDERATION. An express promise can only revive a precedent good...action if the obligation, on which it is founded, could never have been enforced at law, though not barred by any legal maxim or statutory provision....
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A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - 1845 - 544 lehte
...those in which an express promise may effectually re- j^,™".5'" vive a precedent goodconsideration, which might have been enforced at law, through the...it not been suspended by some positive rule of law, as in the cases, already adverted to, of bankruptcy and infancy; or where a debt is barred by the Statute...
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Reports of Cases at Law and in Equity Argued and Determined in ..., 14. köide

Arkansas. Supreme Court - 1854 - 780 lehte
...that conceding the money to have been paid either before or since the divorce was obtained, was this a precedent good consideration which might have been...of an implied promise, had it not been suspended by that rule of law which denies the validity of the wife's contracts made during coverture. The item...
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The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - 438 lehte
...Kennion, supra, the doctrine in Wennall v. Adney, supra, has been applied to these cases, namely, that " an express promise can only revive a precedent good...at law through the medium of an implied promise." Now a moral obligation is not a good consideration, but, according to PAKKE B. in Jennings v. Brown,...
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