 | John Indermaur - Common law - 1876 - 530 pages
...upon the point has been well stated to be " that an express promise can only revive a precedent good consideration which might have been enforced at law...the medium of an implied promise, had it not been sus(x) See them cit«d in Chitty on Contracts, 36. (j) 8 Q. B 483. (?) 1 S. I,. ('. 148. pended by... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1880 - 886 pages
...stated in 3 Bos. & Pnl. 249: "An express promise can only revive a precedent good consideration whirh might have been enforced at law through the medium...of an implied promise had it not been suspended by pome positive rule of law, but it can give no original right of aoti >•• if the obligation on which... | |
 | Charles Greenstreet Addison - Contracts - 1881 - 820 pages
...revive the liability and take away the exemption. It revives a precedent good consideration ; but it can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statutory provision. (/) Thus,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1882 - 912 pages
...therefore, as it should seem, can only revive a precedent good consideration, which might Wills v. Ross. have been enforced at law through the medium of an...action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision." Wennall... | |
 | John Indermaur - Common law - 1883 - 604 pages
...upon the point has been well stated to be that "an express promise can only revive a precedent good consideration which might have been enforced at law...of action if the, obligation on which it is founded could never have been enforced at law, though not barred by any legal maxim or statute provision "... | |
 | Upper Canada. Court of Common Pleas - Law reports, digests, etc - 1883 - 824 pages
...therefore, as it sheuld seem, can only revive a precedent good consideration which, might have been enfored at law, through the medium of an implied promise,...action, if the obligation on which it is founded never could have been enforced at law, theugh not barred by any legal maxim or statute provision." Upon the... | |
 | Law - 1883 - 908 pages
...accord with this one, for there the reception of the money on Sunday constituted a precedent, good consideration which might have been enforced at law...it not been suspended by some positive rule of law, and therefore the express promise, to wit, the mortgage, revived th^ precedent good consideration :... | |
 | John Indermaur - Common law - 1885 - 628 pages
...upon the point has been well stated to be that " an express promise can only revive a precedent good consideration which might have been enforced at law...not been suspended by some positive rule of law; but con give no original right of action if the obligation on which it is founded could never have, been... | |
 | Straits Settlements. Supreme Court - Court rules - 1885 - 886 pages
...matter of law intended to be argued is, that part payment or an ex" press promise as herein alleged, can give no original right of action, if the "obligation on which it is founded, [in this case the illegal promissory note " and promise,} coidd never have been of itself enforced."... | |
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P. 249), 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 law through the medium of an implied promise, had it not been suspended... 
