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Cases on the Law of Suretyship: Selected and Annotated (Classic Reprint)
Clinton De Witt
No preview available - 2017
accepted Accord action advances affirmed agreed agreement alteration amount answer appears appellant applied assignment authority Bank become benefit bill binding bond bound brought cause charge circumstances claim condition consent consideration considered continuing contract contribution cosurety court creditor debt decision default defendant delivered discharge duty effect enforce entered entitled equity error evidence executed express extent fact fraud further give given ground guarantor guaranty hands held hold indorser intention interest John joint judge judgment jury Justice knowledge latter liability Lord maker material ment mortgage notice obligation obtained opinion original paid parties payment performance person plaintiff present principal principal debtor promise question reason received recover referred relation release request rule signed statute subsequent suit surety thereof tion trial written
Page 167 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 8 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 350 - Any alteration which changes : — 1. The date; 2. The sum payable, either for principal or interest ; 3. The time or place of payment ; 4. The number or the relations of the parties ; 5. The medium or currency in which payment is to be made ; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Page 502 - The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt.
Page 713 - The provisions of a composition accepted by such resolution in pursuance of this section shall be binding on all the creditors whose names and addresses and the amounts of the debts due to whom are shown in the statement of the debtor produced at the meeting at which the resolution shall have been passed, but shall not affect or prejudice the rights of any other creditors.
Page 526 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.
Page 7 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Page 7 - Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivery he is liable as indorser, in accordance with the following rules: (1) If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.
Page 167 - ... that no action shall be brought to charge the defendant upon any special promise 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 and signed by the person to be charged therewith or some other person thereunto by him or her lawfully authorized.