...superior debts, he must plead it. By the Statute of (he 2Qth Ch. If. C. 3, no action shall be brought whereby to charge any executor or administrator upon...special promise to answer damages out of his own estate, unless the agreement upon which such an action shall be brought, or some memorandum or note thereof,...

...commonly called tho Statute of Frauds, it is enacted, That no action shall be brought whereby, &ct. 4* ]. To charge any executor or administrator, upon any...promise, to answer damages out of his own estate. 2. Or to charge the defendant to answer for the debt, default, or miscarriage of another. S. Or to...

...aforesaid, That, from and after three Calendar Months after Publication hereof, no Action shall be brought, whereby to charge any Executor or Administrator, upon...upon any special Promise, to answer for the Debt, Default, or Miscarriages of another Person, or to charge any Person, upon any Agreement made upon Consideration...

...requires a new mode of \v*l'iitl«, proof. The words of the statute are, that " no action shall be brought whereby to charge any executor or administrator, upon...upon any special promise, to answer for the debt, default, or miscarriages of another person ; or to charge any person upon any agreement, made upon...

...Administrators. THE first branch of the 4th section of this statute enacts, that no action shall be brought whereby to charge any executor or administrator upon...special promise to answer damages out of his own estate, unless the agreement upon which such union shall be brought, or some memorandum or note thereof, shall...

...observe at present, that by the statute 29 Car. II. c. 3. no executor or administrator shall be charged upon any special promise to answer damages out of his own estate, and no person shall be charged upon any promise to answer for the debt or default of another, or upon...

...agreements y aforesajjj That, from and after the said four twentieth day of June, no action shall be brought whereby to charge any executor or administrator upon...promise, to answer damages out of his own estate; (2) or whereby to charge the defendant upon any special promise to answer for the debt, default, or...

...statute. / ., III. Of promises to answer for the debt, &c. of a third person. No action shall be brought, whereby to charge the defendant, upon any special promise, to answer for the debt, default, or misdoings of another person, unless, &c. The rule, as it respects this clause, is, that...

...statute of England, of 29 Car. II.) in the words of the law itself: " No action shall be brought where\>y to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate ; or whereby to charge the defendant i upon any special promise...

...repetition, I shall proceed to consider the several clauses separately. No action shall be brought to charge any executor or administrator upon any special promise, to answer damages out of his own estuteJ] The leading case on this clause is that of Rann v. Hughes: in that case it was stated in the...