 | Isaac Grant Thompson - 1871 - 670 strani
...continuing contract whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby." The only effect of this secHon is, to require that to be proved by writing which could before be proved... | |
 | 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 - 1873 - 616 strani
...continuing contract, whereby to take the case out of the operation of this statute, unless the same be contained in some writing signed by the party to be charged thereby." The reply was in these words: 1st. General denial. ad. Plaintiff says within four years prior to the commencement... | |
 | Marcus Tullius Hun - 1875 - 948 strani
...of a new or continuing contract, whereby to take the case out of its operation, unless the same be contained in some writing signed by the party to be charged thereby. The only writing signed by the vendor within ten years before the commencement of this action, is a deed,... | |
 | Charles Patrick Daly - 1878 - 618 strani
...arisen ; by § 110, following Lord Tenterden's act, no acknowledgment or promise will take the case out of the statute, unless " contained in some writing signed by the party to be charged thereby," not, however, altering the effect of any payment of principal or interest. Section... | |
 | 1901 - 1172 strani
...that no acknowledgment or promise shall be evidence of a new or continuing contract to take the case out of the operation of the statute, unless contained in some writing signed by the debtor, and in section 16 that nothing in this provision shall be taken to alter, take away, or lessen... | |
 | 1888 - 884 strani
...continuing contract, whereby to take the case out of the operation of this statute, unless the same shall be contained in some writing, signed by the party to be charged thereby." The acknowledgment or promise made while the contract is a subsisting liability establishes a continuing... | |
 | 1902 - 1054 strani
...that no acknowledgment or promise shall be evidence of a new от continuing contract to take the case out of the operation of the statute, unless contained in some writing signed by the debtor, and in § 16 that nothing in this provision shall be taken to alter, take away, or lessen the... | |
 | 1902 - 1260 strani
...aiiy party of the benefit thereof, unless such acknowledgment or promise be made or contained by or In some writing signed by the party to be charged thereby." The only writings signed by Fletcher within six years before his death are the two letters quoted, and... | |
 | Samuel Williston - 1903 - 778 strani
...that no acknowledgment or promise shall be evidence of a new or continuing contract to take the case out of the operation of the statute, unless contained in some writing signed by the debtor, and in § 16,1 that nothing in this provision shall be taken to alter, take away or lessen... | |
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... that nothing in this provision shall be taken to alter, take away or lessen the effect of a part payment of principal or interest ; and it may be contended that the effect of these two sections is to exclude all parol evidence whatever bearing upon... 
