 | 1888 - 556 páginas
...antecedently contracted, the promise to pay it is original when it is founded on a new consideration moving to the promisor, and beneficial to him, and...irrespective of the liability of the principal debtor. The defendant was n secured creditor of the firm. Delay on the part of plaintiff is not shown to have... | |
 | 1901 - 2042 páginas
...antecedently contracted, the promise to pay it is original when it is founded on a 'new consideration moving to the promisor and beneficial to him, and...irrespective of the liability of the principal debtor." In Emer-F^n v. Slater, 22 How. 28, 16 L.' Ed. 360, the supreme court of the Lnired (States declared... | |
 | 1905 - 1124 páginas
...promisor has made that debt his own, has become primarily liable for Its discharge, and has assumed an independent duty of payment Irrespective of the liability of the principal debtor." See, also, as bearing on the question involved : Hendrick v. Lindsay, 93 US 143, 23 L. Ed. 855 ; Johns... | |
 | 1888 - 956 páginas
...Appeals of New York. January 17, 1888.) 1. FRAUDS, STATUTE OF — ORIGINAL AND COLLATERAL PROMISE. Original promises, as distinguished from collateral...irrespective of the liability of the principal debtor. 2. SAME. Defendant was a creditor of the firm of Whcatcroft & Rintoul to the amount of $5,000, for... | |
 | 1888 - 956 páginas
...performed for another is not within the statute. Maurin v. Fogelberg, (Minn.) 32 NW Rep. 858, and note. Original promises, as distinguished from collateral...and beneficial to him, and such that the promisor therebv comes under an independent duty of payment, irrespective of the liability of the principal... | |
 | 1890 - 1148 páginas
...Original promises, as distinguished from collateral promises, required by the statute of frauds to be In writing, are such as are founded on a new consideration,...irrespective of the liability of the principal debtor. Rintoul v. White, (NY) 16 N. И. Rep, 318. As to what agreements are held to be within the statute... | |
 | 1914 - 1414 páginas
...antecedently contracted, the promise to pay it is original when it is founded on a new consideration moving to the promisor and beneficial to him, and...irrespective of the liability of the principal debtor." White v. Rlntoul, 108 NY 222, 15 NE 320. [4, 5] Was the promise of Carrothers such a collateral promise... | |
 | 1916 - 1264 páginas
...antecedently contracted, the promise to pay Is original, when It is founded on a new consideration moving to the promisor and beneficial to him, and...an Independent duty of payment irrespective of the principal debtor." In that particular case the debt was evidenced by certain promissory notes, not... | |
 | Arkansas. Supreme Court - 1906 - 678 páginas
...frauds when it is founded on a new consideration moving to the promisor, and benecial to him, and is such that the promisor thereby comes under an independent duty of payment, irrespective of the ability of the principal debtor. L Appeal from St. Francis Circuit Court. HANCE N. HUTTON, Judge. Affirmed.... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1889 - 710 páginas
...antecedently contracted, the promise to pay it is original, when it is founded on a new consideration moving to the promisor and beneficial to him, and...irrespective of the liability of the principal debtor." Rintoul v. White, 26 Cent. L. Jour. 368. The court in that case reviewed the case of Leonard v. Vredenburg,... | |
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Where the primary debt subsists and was antecedently contracted, the promise to pay it is original when it is founded on a new consideration moving to the promisor and beneficial to him, and such that the promisor thereby comes under an independent duty... 
