| Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1925 - 872 страница
...the case of Wennall v. Adney (3 B. & P. '249, 252, note) which announced the proper rule to be that an express promise "can only revive a precedent good...some positive rule of law; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law though... | |
| Sir William Searle Holdsworth - 1925 - 546 страница
...attributed to a subsequent express promise, such a person ought to pay." They maintained that '• an express promise can only revive a precedent good consideration, which might have been pnfnrrpd at law through the rnediurn_of_ai'i impjied prpmiset jiad it not been suspended by a positive... | |
| 1882 - 578 страница
...8 QB 483; Jennings v. Brown, 9 M. & \V. 496-501. statement of the law can well be made. Itwas said: "An express promise can only revive a precedent good...implied promise, had it not been suspended by some positire rule of law ; but can give no-original right of action, if theobligation on which it is founded... | |
| 1883 - 538 страница
...61 Mo. 335, is in accord with this one, for there the reception of the money on Sunday constituted a precedent, good consideration which might have been...it not been suspended by some positive rule of law, and therefore the express promise, to wit, the mortgage, revived the precedent good consideration.... | |
| 1891 - 580 страница
...Cowper'a Reports, 890. 54 THE CENTRAL LAW JOURNAL. 55 •est. In its opinion the court says: "That an express promise can only revive a precedent good...consideration which might have been enforced at law had it not been suspended by some positive rule of law, but gives no oause of action where the antecedent... | |
| Nova Scotia. Supreme Court, John Morris Geldert, James Macdonald Oxley - 1880 - 582 страница
...Siqira, that " an express promise (including a promise by note when in the hands of the original payee) can only revive a precedent good consideration, which...some positive rule of law, but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though... | |
| Sir William Searle Holdsworth - 1926 - 546 страница
...force attributed to a subsequent express promise, such a person ought to pay." They maintained that " an express promise can only revive a precedent good...of an implied promise, had it not been suspended by a positive rule of law, but can give no original right of action, if the obligation on which it is... | |
| 1912 - 1238 страница
...that to support an action on a contract there must be a consideration enforceable at law, and that an express promise can only revive a precedent good...law, but can give no original cause of action if the 'jbli^ation on which it is founded never could have been enforced at law, though not barred by any... | |
| California. Supreme Court - 1906 - 730 страница
...Neither can the action be supported upon the subsequent promise or resolution of the Common Council. " An express promise can only revive a precedent good...some positive rule of law, but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though... | |
| William P. LaPiana - 1994 - 265 страница
...They argued, not without some strain, that every case involved the revival by an express promise of "a precedent good consideration, which might have...not been suspended by some positive rule of law," such as the statute of limitations or the lack of capacity attendant on infancy. 24 This explanation... | |
| |