Selected Cases on the Law of Suretyship and Guaranty |
From inside the book
Results 1-5 of 78
Page 18
... mortgage given by her was without consideration and is void . It is so , that the appellant took no money consideration , nor any strictly personal benefit , for the giving of the mortgage by her . It was made for the benefit of others ...
... mortgage given by her was without consideration and is void . It is so , that the appellant took no money consideration , nor any strictly personal benefit , for the giving of the mortgage by her . It was made for the benefit of others ...
Page 19
... mortgage of the appellant as a security for the ultimate payment of the amount of the debt thus extended . ( Sage v . Wilcox , 6 Conn . 81 ; Breed v . Hillhouse , 7 Id . 523. ) Though the actual execution of the mortgage by the ...
... mortgage of the appellant as a security for the ultimate payment of the amount of the debt thus extended . ( Sage v . Wilcox , 6 Conn . 81 ; Breed v . Hillhouse , 7 Id . 523. ) Though the actual execution of the mortgage by the ...
Page 20
... mortgage and the agree ment . There is no finding that a demand was made . There is no request to find that there was not a demand . There is no proof that there was a demand in fact made . Demand and notice are often duties of ...
... mortgage and the agree ment . There is no finding that a demand was made . There is no request to find that there was not a demand . There is no proof that there was a demand in fact made . Demand and notice are often duties of ...
Page 77
... mortgage held by him . The complaint alleged that the plaintiff's husband owed the de- fendant $ 2,122 , and that she without any consideration , at the request of the defendant , and as surety of her husband , joined her husband in ...
... mortgage held by him . The complaint alleged that the plaintiff's husband owed the de- fendant $ 2,122 , and that she without any consideration , at the request of the defendant , and as surety of her husband , joined her husband in ...
Page 78
... mortgage for the purpose of avoiding such threatened litigation , and for the purpose of cancelling and pay- ing her husband's said indebtedness , there being no other con- sideration therefor , and that said mortgage was duly recorded ...
... mortgage for the purpose of avoiding such threatened litigation , and for the purpose of cancelling and pay- ing her husband's said indebtedness , there being no other con- sideration therefor , and that said mortgage was duly recorded ...
Other editions - View all
Selected Cases on the Law of Suretyship and Guaranty (Classic Reprint) Henry H. Wilson No preview available - 2017 |
Common terms and phrases
accepted affirmed agent agreed agreement alleged amount answer antor appellant appellee apply assignment authority bank benefit bill binding bond bound cashier cause of action certificate charge cited claim co-surety condition consent consideration contract corporation court of equity creditor Davis death decree default defendant defendant's demurrer discharged discounted doctrine duties entitled equity error evidence executed fact Fargo & Co favor fraud fraudulent given guar guarantor guaranty held indemnify indemnity indorsed insolvency instruction insured interest judgment jury letter of credit liability lien maker McKnight ment mortgage N. W. Rep notice obligation opinion paid parties payment person plaintiff plaintiff in error plea principal debtor promise promissory note proof question reason received recover rule signed statement statute statute of frauds stipulated subrogated sued suit surety company suretyship sustained thereof tion transaction trial 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: