Cases on the Law of Suretyship: Selected and Annotated, Volume 1 |
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Page vi
... Enforcing Contract Against Principal .. 321 321 332 364 368 368 379 385 393 393 403 410 447 470 8. Discharge of Principal Debtor .... 6. Failure of Creditor to Apply Collateral .... 7. Failure of Creditor to Sue After Notice by Surety ...
... Enforcing Contract Against Principal .. 321 321 332 364 368 368 379 385 393 393 403 410 447 470 8. Discharge of Principal Debtor .... 6. Failure of Creditor to Apply Collateral .... 7. Failure of Creditor to Sue After Notice by Surety ...
Page 5
... enforcing the obligation , rather than to the character and limits of the obligation itself . " Kilton v . Prov ... enforced , operates to place these parties in different classes of the persons liable as defined by the new law of ...
... enforcing the obligation , rather than to the character and limits of the obligation itself . " Kilton v . Prov ... enforced , operates to place these parties in different classes of the persons liable as defined by the new law of ...
Page 14
... enforce this provision , and charge the money due upon this note upon the separate estate of the wife . This the chan- cellor refused to do , holding that a married woman invested with the property and interest created by the act , just ...
... enforce this provision , and charge the money due upon this note upon the separate estate of the wife . This the chan- cellor refused to do , holding that a married woman invested with the property and interest created by the act , just ...
Page 15
... enforced in equity , the principle at first being that such contracts , operating on the property , were in the nature of the execution of a power of appointment . But it was soon sup- posed that this principle was not broad enough to ...
... enforced in equity , the principle at first being that such contracts , operating on the property , were in the nature of the execution of a power of appointment . But it was soon sup- posed that this principle was not broad enough to ...
Page 16
... enforce against the separate property of a married woman a contract of suretyship made by her , from moral considerations ? It seems to me , that for this court to execute such an agreement would be to apply the prin- ciple that a feme ...
... enforce against the separate property of a married woman a contract of suretyship made by her , from moral considerations ? It seems to me , that for this court to execute such an agreement would be to apply the prin- ciple that a feme ...
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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.