A TREATISE ON THE LAW OF PRINCIPAL AND SURETY. BY EDWARD DIX PITMAN, ESQ., A.M. BARRISTER AT LAW. "Hoc unum deest avaritiæ, ut beneficia sine sponsore non demus." SEN. de benef. lib. 3. cap. XV. LONDON: V. AND R. STEVENS AND G. S. NORTON, 26, & 39, BELL YARD, LINCOLN'S INN; MDCCCXL. PREFACE. THE principal parts of the following pages consist of notes collected by the author in the course of his reading, and for his own use, without any view to publication. His attention having been lately more particularly directed to the subject of Principal and Surety, he thought that these notes, with some additions and alterations, might be made useful as a Summary of the Law on which his book professes to treat. In the progress of the work, the character which the book was originally intended to assume, has been lost sight of; and if it cannot, with propriety, be called a Summary, the author fears it may, with still less propriety, be called a Treatise. The utility, however, of the work (if indeed it should be of any use) will not be affected by its title; and in the hope that it may be of service to some portion of the Profession, the author has been induced to publish it. Some cases which have been published during the progress of the work through the press, will be found in the Addenda. 5, New Square, Lincoln's Inn, 18th May, 1840. CONTENTS. CHAP. I. Of the nature of an instrument by which suretyship CHAP. II.-Of promises which are within the statute of frauds 2ndly. Of propositions tending to guarantees. 2ndly. With reference to the subject-matter, in respect of which the surety makes himself liable. 3rdly. With reference to the persons to whom, and the CHAP. IV. Of the requisites to support a collateral promise 54 Where the consideration sufficiently appears upon 2ndly. Where no consideration, or no sufficient consider- ation, appears upon the written agreement 3rdly. Where the consideration which appears upon the 69 81 |
