Re Hoyle. Hoyle v Hoyle

JurisdictionEngland & Wales
CourtCourt of Appeal
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22 cases
  • Elpis Maritime Company Ltd v Marti Chartering Company Inc. (Maria D)
    • United Kingdom
    • House of Lords
    • 24 July 1991
    ...charged for the purposes of section 4. I do not propose, however, to refer to more than one of those cases, In re Hoyle, Hoyle v. Hoyle [1893] 1 Ch. 84, in which it seems to me that the basic principle relevant to the present case was shortly and in my view correctly explained by A. L. Smit......
  • Mulhall v Haren
    • Ireland
    • High Court
    • 1 January 1981
    ...on which the party charged is sued. 60 Stamp, L.J., quoted the succinct observation of Bowen, L.J. in Re: Hoyle, Hoyle .v. Hoyle (1893) 1 Ch. 84, that the Court, in determining whether a document is a sufficient Memorandum, is not "In quest of the intention of the parties, but only of evid......
  • Fairstate Ltd v General Enterprise
    • United Kingdom
    • Queen's Bench Division
    • 29 November 2010
    ...intention of or capacity in which the guarantor signed the document: see Elpis Maritime v Marti Chartering [1992] 1 AC 21, applying Re Hoyle, Hoyle v Hoyle [1893] 1 Ch 84. The capacity in which the guarantor signs is only relevant where (as here) the written document is said to be the agre......
  • Tiverton Estates Ltd v Wearwell Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 November 1973
    ...the sale of land. The words of sections 4 and 17 of the Statute of Frauds are so similar as to preclude any distinction between them. In re Hoyle (1893) 1 Ch. at page 99, Lord Justice Bowen so treated them. 26 3. THE "OFFER CASES" REQUIRING ONLY THE TERMS TO BE SET DOWN IN WRITING. 27 This ......
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