Cases on the Law of SuretyshipWest Publishing Company, 1911 - Počet stran: 620 |
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CASES ON THE LAW OF SURETYSHIP Crawford D. (Crawford Dawes) B. Hening Náhled není k dispozici. - 2016 |
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acceptor action affirmed agreed agreement alleged amount answer appears appellee arguments of counsel assigned assumpsit bank bill bond bound Circuit Court claim co-surety collateral consideration contract counsel are omitted Court of Chancery court of equity creditor decree deed default defendant defendant's delivered demurrer discharge discounted doctrine entitled equity error evidence execution executors fact favor fendant forbearance given guarantor guaranty held indemnity indorser insolvent interest John joint judge judgment jury Justice liability Lord Lord Eldon maker ment mortgage notice obligation opinion paid parties pay the debt payable payment person plaintiff plaintiff in error plea principal debtor promise to pay promisor promissory note question reason received recover remedy rule set-off signed Smith statute of frauds statute of limitations subrogation sued suit Supreme Court surety suretyship testator thereof tiff tion transaction trial undertaking usurious verdict void
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Strana 350 - YIELDING therefor, during the said term, the yearly rent of £ , clear of all deductions, by equal half-yearly payments on the day of and the day of in every year, the first of such payments to be made on the day of next.
Strana 188 - No action shall be brought whereby to charge any person upon, or by reason of. any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person to the Intent or purpose that such other person may obtain credit, money or goods unless such representation or assurance be made In writing, signed by the party to be charged therewith.
Strana 176 - The fourth section of the statute of frauds (a) enacts, that 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 miscarriages, of another person...
Strana 115 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Strana 394 - ... defendant's motion for a new trial should have been granted, on the ground that the evidence was insufficient to justify the verdict...
Strana 155 - 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...
Strana 295 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding, at law or in equity, in order to obtain from the principal debtor...
Strana 556 - The contract of suretyship imports entire good faith and confidence between the parties in regard to the whole transaction. Any concealment of material facts, or any express or implied misrepresentation of such facts, or any undue advantage taken of the surety by the creditor, either by surprise, or by withholding proper information, will undoubtedly furnish a sufficient ground to invalidate the contract.
Strana 305 - ... equity, in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty, and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him : Provided always, that no co-surety, co-contractor, or co-debtor shall be entitled to recover from any other co-surety,...
Strana 302 - The doctrine of subrogation is a pure unmixed equity, having its foundation in the principles of natural justice, and from its very nature never could have been intended for the relief of those who were in a condition in which they were at liberty to elect- whether they would or would not be bound ; and, as far as I have been enabled to learn its history, it never has been so applied.