Cases on the Law of Suretyship: Selected and Annotated, Volume 1 |
From inside the book
Results 1-5 of 100
Page 12
... benefit of an infant , as for necessaries , it is good ; when to his prejudice , it is void ; and where the contract is of an uncertain nature as to benefit or prejudice , it is voidable only at the election of the in- fant . " This ...
... benefit of an infant , as for necessaries , it is good ; when to his prejudice , it is void ; and where the contract is of an uncertain nature as to benefit or prejudice , it is voidable only at the election of the in- fant . " This ...
Page 16
... benefit of her estate , should be imposed on her indi- vidual property , on the ground of a manifest design to create such an encumbrance , and because it is one of the modes of enjoying property , to incur debts on the credit of it ...
... benefit of her estate , should be imposed on her indi- vidual property , on the ground of a manifest design to create such an encumbrance , and because it is one of the modes of enjoying property , to incur debts on the credit of it ...
Page 18
... benefit from the transaction , for if such benefit is to accrue , her right to bind herself is unques- tionable . In the absence of fraud or imposition , this court can not attempt to measure the adequacy of the interest which has ...
... benefit from the transaction , for if such benefit is to accrue , her right to bind herself is unques- tionable . In the absence of fraud or imposition , this court can not attempt to measure the adequacy of the interest which has ...
Page 24
... benefit of the act ; but there the act in question ( which was the leasing of a building in which to conduct a saloon ) was within the express power of the corpora- tion . We think the primary question here is not whether appellant has ...
... benefit of the act ; but there the act in question ( which was the leasing of a building in which to conduct a saloon ) was within the express power of the corpora- tion . We think the primary question here is not whether appellant has ...
Page 34
... benefit from the promise . This is the ground upon which the judgment in Hemphill v . Mc- Climans , 12 Harris 367 , ought to have been placed . The son of a married woman contracted with builders for the stonework of a grist - mill ...
... benefit from the promise . This is the ground upon which the judgment in Hemphill v . Mc- Climans , 12 Harris 367 , ought to have been placed . The son of a married woman contracted with builders for the stonework of a grist - mill ...
Contents
1 | |
10 | |
31 | |
47 | |
64 | |
73 | |
96 | |
112 | |
393 | |
447 | |
470 | |
480 | |
487 | |
506 | |
520 | |
526 | |
125 | |
132 | |
136 | |
159 | |
161 | |
174 | |
179 | |
184 | |
186 | |
199 | |
203 | |
206 | |
209 | |
211 | |
214 | |
226 | |
238 | |
257 | |
269 | |
321 | |
368 | |
542 | |
554 | |
560 | |
571 | |
581 | |
594 | |
605 | |
618 | |
624 | |
636 | |
656 | |
663 | |
672 | |
679 | |
687 | |
697 | |
704 | |
711 | |
718 | |
Other editions - View all
Cases on the Law of Suretyship: Selected and Annotated (Classic Reprint) Clinton De Witt No preview available - 2017 |
Common terms and phrases
action affirmed agreed agreement alleged alteration amount appellant appellee applied assent assignment assumpsit authority Bank benefit bill binding bond bound cited claim collateral condition consent consideration contract cosurety court court of equity creditor default defendant defendant's delivered discharge the surety doctrine dollars duty effect enforce entitled equity estopped evidence executed executors fact Fargo & Co favor fendant given guar guarantor guaranty held holder indemnify indemnity indorser insolvent instrument interest John joint judgment jury Justice liability Lord Lord Eldon maker material ment mortgage notice obligation obligee obligors Ohio St opinion original paid parties pay the debt payable payee payment person plaintiffs in error plea principal debtor promise to pay promisor promissory note question reason recover release rule signed Smith statute of frauds subrogation suit supra suretyship thereof tiff tion transaction trial verdict void
Popular passages
Page 167 - 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 243 - In witness whereof we have hereunto set our hands and seals the day and year above written.
Page 8 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 350 - Any alteration which changes : — 1. The date; 2. The sum payable, either for principal or interest ; 3. The time or place of payment ; 4. The number or the relations of the parties ; 5. The medium or currency in which payment is to be made ; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Page 502 - The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt.
Page 713 - The provisions of a composition accepted by such resolution in pursuance of this section shall be binding on all the creditors whose names and addresses and the amounts of the debts due to whom are shown in the statement of the debtor produced at the meeting at which the resolution shall have been passed, but shall not affect or prejudice the rights of any other creditors.
Page 526 - 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 not assent to any variation of it, and a variation is made, it is fatal.
Page 7 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Page 7 - Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivery he is liable as indorser, in accordance with the following rules: (1) If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.
Page 167 - ... 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.