...On collateral Promises. BY the 2d clause of the 4th section of the statute, it is provided tna^ " no action shall be brought whereby to charge the defendant...therewith, or some other person thereunto by him lawfully authorised." In entering upon this branch of the statute, it may be of importance in the first place...

...Gardom, 15 Ves. 2X7. Bateraan v. (3) 5 East, to. As to thit case, see Phillips, 15 I '.. t, 37*. that no action shall be brought, whereby to charge the defendant...person, unless the agreement, upon which such action is brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be...

...requisite, namely, that the promise should be in writing. The fourth section of the statute enacts, that no action shall be brought whereby to charge the defendant...person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to...

...will turn on the express enactment of the statute, the fourth section of which provides, that " no action shall be brought, whereby to charge the defendant...therewith, or some other person thereunto by him lawfully authorised." On the one hand, it has been contended, that " promise" and " agreement," in this section,...

...whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person; unless the agreement upon which...other person thereunto by him lawfully authorized." Now in this clause of the statute, though it is expressly declared, that the promise must be to answer...

...whereby to charge the defendant upon any special promise to answer for the debt, default, or misxarriage of another person, unless the agreement upon which...therewith, or some other person thereunto by him lawfully authorised (a). Now this is clearly a special promise to answer for the default of another, and there,...

...whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person ; unless the agreement, upon which...other person thereunto by him lawfully authorized." And we are of opinion, that, according to that statute, the whole agreement must be stated in writing,...

..." no action shall be brought to charge the defendant, upon any special contract, to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, signed by the parties to...

...action shall be brought whereby to charge the defendant upon any special promise to answer fot the debt, default, or miscarriage of another person; unless the agreement upon which such action is brought or some memorandum or note thereof be in writing and signed by the party to be charged therewith....

...charge any executor or administrator upon any special promise lo answer damages out of his own estate,or whereby to charge the defendant upon any special promise,...person, unless the agreement upon which such action should be brought, or some note or memorandum thereof should be in writing signed by the party to be...