A

TRE A TISE

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,

Law Booksellers and Publishers,
26, & 39, BELL YARD, LINCOLN'S INN;

AND MILLIKEN & SON, DUBLIN.

MDCCCXL.

LONDON: WILLIAM STEVENS, PRINTER, BELL YARD,

TEMPLE BAR.

PRE FACE.

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.

CONTENTS.

PART I.

OF THE INSTRUMENT OF SURETYSHIP.

PAGE

Chap. I.-Of the nature of an instrument by which suretyship

may be created

1

2

26

28

ib.

ib.

33

34

45

50

CHAP. II.-Of promises which are within the statute of frauds

CHAP. III.—Of the construction of collateral promises

I. Of absolute guarantees, and propositions tending to gua-

rantees

1st. Of absolute guarantees

2ndly. Of propositions tending to guarantees .

II. Of guarantees considered,

1st. With reference to the amount, for which the surety

engages to be answerable.
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

persons in whose favour, they are given

4thly. With reference to their duration

CHAP. IV.-Of the requisites to support a collateral promise

1. What is deemed a sufficient consideration to support a

collateral promise

II. What is a sufficient statement of the consideration in

writing

1st. Where the consideration sufficiently appears upon

the written agreement

2ndly. Where no consideration, or no sufficient consider-

ation, appears upon the written agreement

3rdly. Where the consideration which appears upon the

written agreement, is in part sufficient and in

part insufficient .

III. What is a sufficient memorandum or note of the agree-

54

ib.

62

64

69

72