Selected Cases on the Law of Suretyship and Guaranty |
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Page vii
... EQUITY WILL COMPEL PRINCIPAL TO PAY . 387 a . The surety may in equity compel the principal to pay the debt on which the former is only secondarily liable .... 402 CHAPTER XIV . EFFECT OF DEATH OF SURETY . a . At common law the death of ...
... EQUITY WILL COMPEL PRINCIPAL TO PAY . 387 a . The surety may in equity compel the principal to pay the debt on which the former is only secondarily liable .... 402 CHAPTER XIV . EFFECT OF DEATH OF SURETY . a . At common law the death of ...
Page 26
... equity , is a feme sole ( Turner v . Shaw , 96 Mo. 28 , 8 S. W. 897 , and cases cited ) ; and therefore may charge her separate estate , and make an agent in regard thereto , to all intents and purposes as if she had never passed sub ...
... equity , is a feme sole ( Turner v . Shaw , 96 Mo. 28 , 8 S. W. 897 , and cases cited ) ; and therefore may charge her separate estate , and make an agent in regard thereto , to all intents and purposes as if she had never passed sub ...
Page 42
... equity , as well as law , have been in the constant habit of scanning the contracts of sureties with considerable strictness . " The rule thus laid down by Mr. Justice Story has been repeated and adopted by this court in numerous ...
... equity , as well as law , have been in the constant habit of scanning the contracts of sureties with considerable strictness . " The rule thus laid down by Mr. Justice Story has been repeated and adopted by this court in numerous ...
Page 45
... equity and dissolving the injunction . The complainants desired to re- move the record to the appellate court for review , and to have the injunction continued in force until the final decision of that court . To obtain such continuance ...
... equity and dissolving the injunction . The complainants desired to re- move the record to the appellate court for review , and to have the injunction continued in force until the final decision of that court . To obtain such continuance ...
Page 128
... other , their contract will be enforced as they made it . There is no equity in the case which can interrupt the course of the law . ( Omitting minor questions . ) We find no error in the record . The judgment 128 EXECUTION OF CONTRACT .
... other , their contract will be enforced as they made it . There is no equity in the case which can interrupt the course of the law . ( Omitting minor questions . ) We find no error in the record . The judgment 128 EXECUTION OF CONTRACT .
Contents
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402 | |
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321 | |
332 | |
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573 | |
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625 | |
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Selected Cases on the Law of Suretyship and Guaranty (Classic Reprint) Henry H. Wilson No preview available - 2017 |
Common terms and phrases
accepted affirmed agreed agreement alleged amount answer antor appellant appellee apply assignment authority bank benefit bill binding bond bound Bros cashier cause of action circuit court cited claim co-surety condition consent consideration contract corporation court of equity creditor decree default defendant defendant's delivered demurrer discharged discounted doctrine duty entitled equity error evidence executed fact Fargo & Co favor fraud given guar guarantor guaranty held indemnify indemnity indorsed insolvency instruction instrument insured interest judgment jury Leroy Moore letter of credit liability lien loss McKnight ment mortgage N. W. Rep notice obligation obligors opinion paid parties payee payment person plaintiff plaintiff in error plea principal debtor promise promissory note question reason received recover release rule signed statute statute of frauds subrogated sued suit surety company suretyship sustained thereof tion transaction trial ultra vires undertaking verdict
Popular passages
Page 388 - 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 63 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further. 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...
Page 526 - No action shall lie against the company as respects any loss under this policy unless it shall be brought by the assured himself to reimburse him for loss actually sustained and paid by him in satisfaction of a judgment after trial of the issue.
Page 388 - ... 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.
Page 332 - Appeal from a judgment of the general term of the Superior Court of the City of New York, entered upon an order made June 8, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
Page 41 - ... then this obligation to be null and void, otherwise to remain in full force and effect.
Page 446 - Baltimore, then this obligation to be void; otherwise, to be and remain in full force and virtue.
Page 585 - ... tenancy in common A form of co-ownership by which each owner holds an undivided interest in real property as if he or she were sole owner. Each individual owner has the right to partition. Unlike joint tenants, tenants in common have right of inheritance.
Page 526 - ... 2. If thereafter any suit is brought against the assured to enforce a claim for damages on account of an accident covered by this policy, immediate notice thereof shall be given to the company, and the company will defend against such proceeding, in the name and on behalf of the assured, or settle the same at its own cost, unless it shall elect to pay the assured the indemnity provided for in clause "A" of special agreements, as limited therein.
Page 115 - That when the court can pronounce the contract to be to the infant's prejudice, it is void, and when to his benefit, as for necessaries, it is good ; and when the contract is of an uncertain nature, as to benefit or prejudice, it is voidable only at the election of the infant: