Cases on the Law of SuretyshipWest Publishing Company, 1911 - 620 σελίδες |
Άλλες εκδόσεις - Προβολή όλων
CASES ON THE LAW OF SURETYSHIP Crawford D. (Crawford Dawes) B. Hening Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2016 |
Συχνά εμφανιζόμενοι όροι και φράσεις
acceptor action affirmed agreed agreement alleged amount answer appears appellee arguments of counsel assigned assumpsit bank bill bill of exchange 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 received recover remedy rule set-off signed Smith statute of frauds statute of limitations subrogation sued suit Supreme Court surety suretyship thereof tiff tion transaction trial undertaking usurious verdict void
Δημοφιλή αποσπάσματα
Σελίδα 307 - ... 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, or any co-surety, co-contractor, or co-debtor, as the case may be.
Σελίδα 352 - 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.
Σελίδα 297 - ... 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...
Σελίδα 600 - ... per cent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer, and be approved by the board. SEC. 54. No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant signed by the president, and countersigned by the secretary...
Σελίδα 178 - 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...
Σελίδα 118 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Σελίδα 117 - 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.
Σελίδα 396 - ... defendant's motion for a new trial should have been granted, on the ground that the evidence was insufficient to justify the verdict...
Σελίδα 157 - 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...
Σελίδα 558 - 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.