A Selection of Cases on the Law of SuretyshipH. O. Houghton, 1900 - 652 páginas |
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Términos y frases comunes
acceptance acceptor accommodation bill Accord action affirmed agreed agreement alleged alteration amount appears assumpsit Bank benefit bill bond bound Brown cited claim co-surety collateral consent consideration contract court of equity covenant creditor Davis decision default defendant defendant's delivered demurrer detinue discharge the surety doctrine duress effect entitled equity evidence executed fact give given guarantor guaranty held indorser Iowa John Jones judge judgment jury Justice liability lien Lord Lord Eldon maker ment Minn mortgage notice obligation opinion original paid party pay the debt payment plaintiff plaintiff in error plea pleaded principal debtor promise to answer promise to pay promisor promissory note quaranty question recover release rent Reported rule semble set-off signed Smith Statute of Frauds Strob subrogation sued SUPREME COURT surety's suretyship third person tion transaction trial undertaking verdict void Wend writing
Pasajes populares
Página 52 - 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...
Página 172 - Keb., 115, 132, which was an action by the indorsee against the drawer of a bill of exchange. 'The...
Página 2 - ... for a rule to show cause why a new trial should not be granted...
Página 168 - York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury.
Página 46 - The fourth count alleged, that in consideration that the plaintiff, at the request of the defendant, would, as surety for W.
Página 49 - 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.
Página 232 - The guarantor acknowledged the receipt of the one dollar, and is now estopped to deny it. If she has not received it, she would now be entitled to recover it. A valuable consideration, however small or nominal, if given or stipulated for in good faith, is, in the absence of fraud, sufficient to support an action on any parol contract ; and this is equally true as to contracts of guarantee as to other contracts. A stipulation in consideration of one dollar is just as effectual .and valuable a consideration...
Página 226 - In witness whereof we have hereunto set our hands and seals the day and year above written.
Página 94 - ... year of the said term, ending on the day and year last aforesaid, and then last elapsed, became and was due and payable...
Página 24 - miscarriage' has not the same meaning as the word ' debt,' or ' default ; it seems to me to comprehend that species of wrongful act, for the consequences of which the law would make the party civilly responsible. The wrongful riding the horse of another, without his leave and...