Selected Cases on the Law of Suretyship and Guaranty |
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Page 4
... promissory note purporting to be executed as a joint note by one Charles Leipold , and the defendant . The note was executed in Illinois , where Leipold lived , and still lives . It became due May 23 , 1871 , and this action was ...
... promissory note purporting to be executed as a joint note by one Charles Leipold , and the defendant . The note was executed in Illinois , where Leipold lived , and still lives . It became due May 23 , 1871 , and this action was ...
Page 10
... promissory note , after it became due , re- ceived a guaranty of a third person in these words : " I hereby guaranty the payment of this note within four years . " The court held it an absolute guaranty , and that demand and notice were ...
... promissory note , after it became due , re- ceived a guaranty of a third person in these words : " I hereby guaranty the payment of this note within four years . " The court held it an absolute guaranty , and that demand and notice were ...
Page 22
... promissory note made by one Abram Mc- Claughry , and signed as surety by the defendant's testator . The facts sufficiently appear in the opinion . HUNT , J. The case presents but a single question . Abram McClaughry borrows money , or ...
... promissory note made by one Abram Mc- Claughry , and signed as surety by the defendant's testator . The facts sufficiently appear in the opinion . HUNT , J. The case presents but a single question . Abram McClaughry borrows money , or ...
Page 111
... promissory note for $ 190 , dated August 21 , 1872 , and signed by the defendant Gammon , as prin- cipal , and by the other defendants as sureties . The writ was dated February 20 , 1873 . At the trial in the Superior Court , before ...
... promissory note for $ 190 , dated August 21 , 1872 , and signed by the defendant Gammon , as prin- cipal , and by the other defendants as sureties . The writ was dated February 20 , 1873 . At the trial in the Superior Court , before ...
Page 112
... promissory note as surety is necessarily not beneficial to an in- fant . It may or may not be beneficial to him , according to the actual circumstances of the transaction ; and , at the trial of this case , there was some evidence that ...
... promissory note as surety is necessarily not beneficial to an in- fant . It may or may not be beneficial to him , according to the actual circumstances of the transaction ; and , at the trial of this case , there was some evidence that ...
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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 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: