Commentaries on the Law of Suretyship, and the Rights and Obligations of the Parties Thereto, and Herein of Obligations in Solido, Under the Laws of England, Scotland, and Other States of Europe, the British Colonies, and United States of America, and on the Conflict of Those Laws

Εξώφυλλο
C. C. Little and J. Brown, 1847 - 560 σελίδες
 

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Σελίδα 264 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Σελίδα 14 - No action shall be brought whereby 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 party to be charged therewith, or some other person thereunto by him lawfully authorized.
Σελίδα 129 - In such a case, there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumeably, it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged, or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other.
Σελίδα 379 - If this can be founded on any principle, it must be, that a man must come into a Court of Equity with clean hands ; but when this is said, it does not mean a general depravity ; it must have an immediate and necessary relation to the equity sued for ; it must be a depravity in a legal as well as in a moral sense.
Σελίδα 418 - Commissioners are hereby required to ascertain the Value thereof, and to admit such Person to prove the Amount so ascertained, and to receive Dividends thereon...
Σελίδα 471 - ... if he shall have paid the debt, or any part thereof in discharge of the whole debt...
Σελίδα 16 - If two come to a shop and one buys, and the other, to gain him credit, promises the seller 'If he does not pay you, I will,' this is a collateral undertaking and void " without writing by the Statute of Frauds.
Σελίδα 274 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the...
Σελίδα 262 - All actions of account or for not accounting, and suits for such' accounts as concern the trade of merchandise between merchant and merchant, their factors or servants...
Σελίδα 446 - Bankrupt before the credit given to or the debt contracted by him ; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively ; and every debt or demand hereby made...

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