Selected Cases on the Law of Suretyship and Guaranty |
From inside the book
Results 1-5 of 87
Page 40
... statement of a cause of action , and not one where no cause of action is stated , and the defect is therefore one which is cured by verdict . The rule on this subject , as laid down by Mr. Gould in his treatise on Pleading , is as ...
... statement of a cause of action , and not one where no cause of action is stated , and the defect is therefore one which is cured by verdict . The rule on this subject , as laid down by Mr. Gould in his treatise on Pleading , is as ...
Page 48
... statement in the instrument itself ( Speyers v . Lam- bert , 6 Abb . Pr . ( N. S. ) 309 ) , but it left it still indispensable that a consideration in fact for the promise should exist in order to entitle the promisee to recover thereon ...
... statement in the instrument itself ( Speyers v . Lam- bert , 6 Abb . Pr . ( N. S. ) 309 ) , but it left it still indispensable that a consideration in fact for the promise should exist in order to entitle the promisee to recover thereon ...
Page 61
... statement of said goods furnished by said Crane Bros. Manufacturing Company , and said plain- tiff to said Lichtenberger in pursuance of said guaranty made by said defendant , is hereto attached , marked Exhibit ' B , ' and made a part ...
... statement of said goods furnished by said Crane Bros. Manufacturing Company , and said plain- tiff to said Lichtenberger in pursuance of said guaranty made by said defendant , is hereto attached , marked Exhibit ' B , ' and made a part ...
Page 71
... statement should be construed with reference to the known situation of the parties , and the evident purpose with which it was executed , which very plainly was to invest Moore with a discretion to con- tinue these renewals until the ...
... statement should be construed with reference to the known situation of the parties , and the evident purpose with which it was executed , which very plainly was to invest Moore with a discretion to con- tinue these renewals until the ...
Page 81
... statement is simply that the " defendant believed he had a valid claim against the plaintiff , and was threatening to bring suit upon it , and that , for the purpose of avoiding such threatened litigation , the note and mortgage were ...
... statement is simply that the " defendant believed he had a valid claim against the plaintiff , and was threatening to bring suit upon it , and that , for the purpose of avoiding such threatened litigation , the note and mortgage were ...
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: