Annotated Cases on the Law of SuretyshipW.H. Anderson Company, 1907 - Počet stran: 688 |
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ACCORD action administrator affirmed agreement alleged alteration amount appears appellant appellee applied appointed assent Assumpsit authority bank benefit bill bound breach cashier charged Circuit Court cited claim collateral common law condition consent consideration contract Court of Chancery court of equity creditor damages debt decision default delivered the opinion demurrer discharge the surety doctrine duty effect entitled equity evidence execution executor fact funds given guarantor guaranty guardian held indorser injunction insolvent judge judgment jury justice liability Lord Lord Eldon ment mortgage notice obligation official bond paid parties payment performance person plaintiff in error plea principal debtor proceedings promise promisor promissory note question reason received recover replevin responsible rule Samuel Lawrence sheriff signed statute of frauds subrogated suit suretyship sustained thereof tion treasurer trust undertaking void
Oblíbené pasáže
Strana 64 - ... 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.
Strana 73 - 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 330 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond the terms of his contract.
Strana 170 - An office is a public station, or employment, conferred by the appointment of government. The term embraces the ideas of tenure, duration, emolument, and duties.
Strana 166 - In general, a sum of money in gross to be paid for the non-performance of an agreement, is considered as a penalty, the legal operation of which is to cover the damages which the party in whose favor the stipulation is made may have sustained from the breach of contract by the opposite party.
Strana 337 - Keb., 115, 132, which was an action by the indorsee against the drawer of a bill of exchange. 'The...
Strana 30 - The officers named in this Article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms...
Strana 57 - 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 257 - ... no attachment, injunction or execution, shall be issued against such association or its property before final judgment in any suit, action or proceeding, in any state, county or municipal court.
Strana 412 - It seems plain, on principle and on authority, that, if a blind man, or a man who cannot read, or who for some reason, (not implying negligence) forbears to read, has a written contract falsely read over to him, the reader misreading to such a degree that the written contract is of a nature altogether different from the contract pretended to be read from the paper which the blind or illiterate man afterwards signs ; then, at least if there be no negligence, the signature so obtained is of no force.