Commentaries on the Law of Suretyship, and the Rights and Obligations of the Parties Thereto, and Herein of Obligations in Solido, Under the Laws of England, Scotland, and Other States of Europe, the British Colonies, and United States of America, and on the Conflict of Those Laws |
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Common terms and phrases
action actum adopted agreement annuity applied autem Bell's bill of exchange Bing bond Boullenois causam caution civil law co-sureties Code Civil contract Court Court of Equity creditor debt default defendant demand Dict discharge doctrine domicil Droit effect ejus enim entitled equity Ersk etiam executor extinguished Fidejuss fidejussor France fraud given guarantee heir held Holl hypothecation Ibid Inst Jamaica jure juris jurists la caution law of England law of France law of Scotland lex loci contractus liable loco locus Lord ment novation obligation obligationis paid Pand partner party payment pecuniam person plaintiff potest Poth Pothier prescription principal debtor promise quæ quam quia quod recover rule statute Statute of Frauds Story's supra surety Taunt Toullier transaction Vinnius Voet
Popular passages
Page 266 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 14 - No action shall be brought whereby 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 party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 129 - In such a case, there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumeably, it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged, or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other.
Page 381 - If this can be founded on any principle, it must be, that a man must come into a Court of Equity with clean hands ; but when this is said, it does not mean a general depravity ; it must have an immediate and necessary relation to the equity sued for ; it must be a depravity in a legal as well as in a moral sense.
Page 420 - Commissioners are hereby required to ascertain the Value thereof, and to admit such Person to prove the Amount so ascertained, and to receive Dividends thereon...
Page 473 - ... if he shall have paid the debt, or any part thereof in discharge of the whole debt...
Page 16 - If two come to a shop and one buys, and the other, to gain him credit, promises the seller 'If he does not pay you, I will,' this is a collateral undertaking and void " without writing by the Statute of Frauds.
Page 276 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the...
Page 264 - All actions of account or for not accounting, and suits for such' accounts as concern the trade of merchandise between merchant and merchant, their factors or servants...
Page 448 - Bankrupt before the credit given to or the debt contracted by him ; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively ; and every debt or demand hereby made...