Cases on the Law of Suretyship: Selected and Annotated, Volume 1 |
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Page iii
... recent current decisions . An acknowl- edgment is due Professors Ames , Stearns and Henning , from whose books the author has derived much assistance . CLINTON DE WITT . TABLE OF CONTENTS CHAPTER I THE CONTRACT SEC . PAGE iii.
... recent current decisions . An acknowl- edgment is due Professors Ames , Stearns and Henning , from whose books the author has derived much assistance . CLINTON DE WITT . TABLE OF CONTENTS CHAPTER I THE CONTRACT SEC . PAGE iii.
Page 13
... decisions of courts still adhering to the distinction , hold some contracts void- able only , which were before held to be void . Thus , in Owen v . Long , 112 Mass . 403 , a surety contract was held voidable only , for the reason that ...
... decisions of courts still adhering to the distinction , hold some contracts void- able only , which were before held to be void . Thus , in Owen v . Long , 112 Mass . 403 , a surety contract was held voidable only , for the reason that ...
Page 14
... decision is new to the jurisprudence of this state , and is a question of considerable moment . My researches into the subject have been attended with more than ordinary interest , and I have examined the numerous decisions with ...
... decision is new to the jurisprudence of this state , and is a question of considerable moment . My researches into the subject have been attended with more than ordinary interest , and I have examined the numerous decisions with ...
Page 24
... decisions of this court are reviewed , and we there said ( p . 44 ) : “ If there is no power to make the contract there can be no power to ratify it , and it would seem clear that the opposite party could not take away the incapacity ...
... decisions of this court are reviewed , and we there said ( p . 44 ) : “ If there is no power to make the contract there can be no power to ratify it , and it would seem clear that the opposite party could not take away the incapacity ...
Page 26
... decision of the case , they are open to review in this court as a question of law , un- der the assignment of errors questioning the ruling of the trial court in refusing the motion of defendant for a peremptory instruction to find for ...
... decision of the case , they are open to review in this court as a question of law , un- der the assignment of errors questioning the ruling of the trial court in refusing the motion of defendant for a peremptory instruction to find for ...
Contents
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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.