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Βιβλία Βιβλία 1 - 10 από 13 για On the other hand, if the surety afterwards makes a promise to pay, he cannot object....
" On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise without consideration : the promise is valid, not as the constitution of a new, but the revival of an old, debt. So, when a bankrupt is discharged... "
A Treatise on the Law of Principal and Surety - Σελίδα 178
των Edward Dix Pitman - 1840 - 259 σελίδες
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Reports of Cases Argued and Determined in the High Court of ..., Τόμος 2

Clement Tudway Swanston, John Scott Earl of Eldon - 1822
...prevails both in courts of law and in courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...a former debt, as a promise without consideration. Although the amount of 1 ::<)<>/. is constituted here by separate promissory notes, and, although at...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 15

Roger Meeson, William Newland Welsby, Edward Wise - 1839
...prevails both in courts of law and courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...constitution of a new, but the revival of an old debt. So, where a bankrupt is discharged by his certificate, he cannot, for that reason, impeach a subsequent...

Reports of Cases Argued and Determined in the Court of Exchequer ..., Τόμος 1

Henry Horn, Edwin Tyrrell Hurlstone - 1840
...which prevails both in Courts of Law and Courts of Equity. On the other hand, if the surety afterwards make a promise to pay, he cannot object to that, as...promise without consideration; the promise is valid, not •is the constitution of a new, but the revival of an old debt. So, when a bankrupt is discharged...

Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master ...

Charles Purton Cooper - 1841 - 676 σελίδες
...pay : he cannot object to that as a promise surety after 'in18 • i -i « i • i- 1 i • given. without consideration : the promise is valid, not...constitution of a new, but the revival of an old debt. Mayhem v. Crickett, 2 Swanston, 185, 189. If a creditor, having given time to the debtor primarily...

Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master ...

Charles Purton Cooper - 1841 - 676 σελίδες
...Vesey, 106, 109. If a surety, after time given by the creditor to the principal, New promise by makes a promise to pay : he cannot object to that as a promise s y ret y aft e r time without consideration: the promise is valid, not as the constitution of a new,...

A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Τόμος 1

Thomas Starkie - 1842
...sufficient to revive the liability, and that such promise was valid without any new consideration, not as the constitution of a new but the revival of an old debt. Smith v. Winter, 4 M. & W. 462. Where the guaranty provided that the principal might extend the period...

The Irish Jurist, Τόμος 10

1858
...prevails both m courts of law and in courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...promise is valid, not as the constitution of a new, but as the revival of an old debt." And again, at page 191, he says, "If ;he creditor takes the goods of...

Reports of Cases Argued and Determined in the English Courts of ..., Τόμος 95

1870
...prevails both in courts of law and in courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...former debt, as a promise without consideration." That case has never been impugned in any court either of law or equity. In Smith v. Winter, 4 M. &...

Reports of Cases Argued and Determined in the Supreme Court of Ohio, Τόμος 40

Ohio. Supreme Court - 1884
...12 East, 38 ; 2 Camp., 332, SC The same doctrine is laid down in Brandt on Surety, 407, sec. 300. " The promise is valid, not as the constitution of a new, but the revival of an old debt." See authorities there cited. Also, Porter v. Hodenpuyl, 9 Mich., 11 ; Mlis v. Bett, 2 Stew. (Ala.),...

The American and English Encyclopedia of Law, Τόμος 28

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1895
...the other hand, if the surety afterward makes a promise to pay, he cannot object to that as apromise without consideration ; the promise is valid, not...constitution of a new, but the revival of an old, debt." A surety upon a note, induced to become such by fraud, waives his defense b}' requesting the payee...




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