Purpose and history of statue of frauds..............

448

Scope of the English statute..............

449

American statutes...............

450

Promises by an executor to pay damages out of his own estate............

451

Purpose of the second clause of section 4 of the statute...................

452

Guaranties of all kinds of obligations included in the statute.............

453

No promise is within the statute unless there is another obligation........

454

No promise which differs in scope from that of another obligor is within the statute..........................................................

455

Whether a new promise to pay, irrespective of the liability of any original debtor, is within the statute........................................

456

Promises to sign guaranties or negotiable accommodation paper..........

457

Obligations on negotiable paper are not within the statute.......

458

No promise to perform an obligation imposed by law on the promisor is within the statute.........

459

To whom the promise must be made..................................

460

Promises made prior to the creation of the principal debt................

461

Different teats proposed to distinguish promises within the statute........

462

Distinction between original and collateral promises..........

463

A promise may be original though the promisor does not receive the benefit of the consideration...............................................

464

Whether a promise prior to the creation of a debt is primary or collateral is a question of construction...........

465

Debts originally incurred as joint and several obligations...........

466

New promise in form a guaranty................

467

New promise in form to pay the debt of another........................

468

Discharge of the original debt as a test................................

469

The purpose of the promisor as a test.................................

470

A new promise whereby the promisor makes the debt of another his own.....

471

Whether the receipt of a new and beneficial consideration by a promisor takes his promise out of the statute............

472

Importance of distinguishing whether the consideration for a new promise is received as the equivalent of a debt...............................

473

Modern English test.............................

474

The true test of the validity of a new oral promise should be: Is the new promisor a surety?.....

475

From whom the consideration must move..............................

476

A new promise which dischargee the original obligation is not within the statute..........................................................

477

Promise to debtor to assume and pay the latter's debt though enforceable by creditor is not within the statute.................... ...............

478

A promise to pay the promisor's own debt to his oreditor's creditor is not within the statue..............

479

Promise to pay for the purchase of a claim is not within the statute.......

480

Application of principles to building contracts..........................

481

Promises to indemnify..................

482

Promisee in part to pay the debt of another, or to pay part of the debt of another..........

483

Guaranties withdrawn from the statute by their connection with a larger contract...................

484