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" The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance. "
A Practical Treatise on the Commercial and Mercantile Law of England - Σελίδα 244
των Humphry William Woolrych - 1829 - 555 σελίδες
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Commentaries on American Law, Τόμος 3

James Kent - 1828 - 432 σελίδες
...been prepared on that subject." (9. ) Of mercantile guaranties. A guaranty, in its enlarged sense, is a promise to answer for the payment of some debt, or the performance of some duty, in the case of the failure of another person, who, in the first instance, is liable. As this engagement...

The American Jurist and Law Magazine, Τόμος 8

1832 - 512 σελίδες
...accession to his obligation.' ' He then adds — ' by Mr. Fell it is defined as follows — "A guaranty is a promise to answer for the payment of some debt,...case of the failure of another person, who is in the first instance liable to such payment or performance." ' s Upon which our 1 Pokier, by Evans, n. 365....

A Practical Treatise on the Law of Principal and Surety: Particularly with ...

William Theobald - 1832 - 324 σελίδες
...and by way of accession to his obligation. By Mr. Fell (6) it is defined as follows: — A guarantie is a promise to answer for the payment of some debt,...case of the failure of another person, who is in the first instance liable to such payment or performance. 2. A person may accede as surety to other obligations...

A Law Dictionary, Adapted to the Constitution and Laws of the ..., Τόμος 1

John Bouvier - 1843 - 752 σελίδες
...discharged. Smith on Mer. Law, 285. GUARANTY, contracts, is a promise made upon a good consideration, to answer for the payment of some debt or the performance...of the failure of | another person, who is, in the first i instance, liable to such payment or 614 GUA 61S performance. The English statute of frauds,...

Cases in the Circuit Court of the United States for the Third ..., Τόμος 1

United States. Circuit Court (3rd Circuit), John William Wallace - 1849 - 584 σελίδες
...may be remarked, is "guaranty;" a word which in its enlarged sense, says Com voi s Chancellor Kent,* is "a promise to answer for the payment of some debt, or the performance of some duty, in the case of the failure of another party who in the first instance is liable." The duties and liabilities...

The American Law Journal, Τόμος 2;Τόμος 9

1850 - 600 σελίδες
...that of a bill of exchange. Thompson vs. Dominy, 14 M. & W. 403. A guarantee is a special contract for the payment of some debt, or the performance of some duty in the case of failure of another person, who in the first instance is liable. Like all special contracts...

The American Law Journal, Τόμος 1;Τόμος 8

1849 - 604 σελίδες
...valid. The plaintiff seeks to recover on this as on an original guaranty. A guaranty is defined to be a promise to answer for the payment of some debt,...duty, in case of the failure of another person, who is himself, in the first instance, liable to such payment or performance. Smith on Mercantile Law, 277....

Institutes of American Law, Τόμος 1

John Bouvier - 1854 - 674 σελίδες
...Promises of this sort are called guarantees. A guarantee is a promise made upon a good consideration, to answer for the payment of some debt, or the performance of some duty, in case of the the failure of another person, who is, in the first instance, liable to such payment or performance....

Reports of the Cases Argued and Determined in the Supreme Court of ..., Τόμος 3

John Louis Taylor Sneed, Tennessee. Supreme Court - 1857 - 812 σελίδες
...a technical term. and what is its meaning ? A guaranty is a promise made upon a good consideration, to answer for the payment of some debt, or the performance...case of the failure of another person, who is, in the first instance, liable to such payment or performance. — Bouvier's Listituies, p. 362, No. 912, citing...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 11

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859 - 654 σελίδες
...ordinary sense of the term? Or is it an unconditional promise to pay? " A guaranty, in its enlarged sense, is a promise to answer for the payment of some debt, or the performance of some duty, in the case of the failure of another person, who, in the first instance, is liable." 3 Kent's Comm. 121....




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