 | Francis Hilliard - 1856 - 720 σελίδες
...It is a security. And this is a sine qua non of a mortgage. If the instrument be made as a security for the payment of a debt or the performance of a duty, it is a mortgage, and the substance and not the mere form of the instrument is to be regarded. The... | |
 | Josiah William Smith - 1862 - 466 σελίδες
...471-2 ; Tudor Ca, on ML 17, 20, 23-4.) A guaranty is a promise to be responsible Guaranty defined. for the payment of a debt or the performance of a duty, in case another person, who is primarily liable to such payment or performances, fails to pay or perform... | |
 | Josiah William Smith - 1864 - 548 σελίδες
...7 Hurl. & Norm. 934.) . « , « .1 composition A guaranty is a promise to be responsible Guaranty, for the payment of a debt or the performance of a duty, in case another person, who is primarily liable to such payment or performance, fails to pay or perform... | |
 | Massachusetts. Supreme Judicial Court - 1862 - 1642 σελίδες
...is a security. • And this is a sine qua now of a mortgage. If the instrument be made as a security for the payment of a debt, or the performance of a duty, it is a mortgage. And the substance, and not the mere form, of the instrument is to be regarded It... | |
 | Charles William Smith (professor of elocution.) - 1870 - 74 σελίδες
...can always be cashed at the bank. Mortgage. — A conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. It was called a Mortgage or dead pledge, because, whatever... | |
 | Montgomery Hunt Throop - 1870 - 852 σελίδες
...statute, if it was made upon a consideration moving wholly I etween the parties to it, and related to the payment of a debt or the performance of a duty by the third person to the promisee, the right to enforce which then first passed, or by the terms of... | |
 | California - 1874 - 870 σελίδες
...possession. NOTE.—At common law a mortgage was a conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. This conveyance was called a mortgage (or dead pledge),... | |
 | John Gaylord Wells - 1875 - 628 σελίδες
...estate, of goods, or of profits. MORTGAGE. — A conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. MOTION IN LAW. — An application in court either by... | |
 | Charles Patrick Daly - 1879 - 648 σελίδες
...interest and all lawful charges. It was a guaranty. He says, " I expressly guarantee" which is to engage for the payment of a debt or the performance of a duty by another. (Durham v. Manrow, 2 NY 549 ; De Collyer on Guaranties, p. 38.) A promise that if Remington did not... | |
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Guarantee, a promise to a person to be answerable for the payment of a debt, or the performance of a duty by another, in case he should fail to perform his engagement. 
