Popular Law Library, Putney...Cree publishing Company, 1908 |
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Страница v
... Surety ... 133 5 Distinction Between a Surety and a Guarantor . 135 6 The Liability of the Surety .. 137 66 7 The Co - Surety ... 138 " 6 8 The Guarantor of Mortgaged Property ... 138 66 9 Pledging or Mortgaging Property to Secure Debt ...
... Surety ... 133 5 Distinction Between a Surety and a Guarantor . 135 6 The Liability of the Surety .. 137 66 7 The Co - Surety ... 138 " 6 8 The Guarantor of Mortgaged Property ... 138 66 9 Pledging or Mortgaging Property to Secure Debt ...
Страница 43
... surety . The surety's obligation is not an independent contract , but is ' Claxton vs. Swift , 1 Lutw . , 878 , 882b . Hodges vs. Steward ( 1691 ) , 1 Salk , 125 . • Street's Foundations of Legal Liability , Vol . II , pp . 376-7 . 10 ...
... surety . The surety's obligation is not an independent contract , but is ' Claxton vs. Swift , 1 Lutw . , 878 , 882b . Hodges vs. Steward ( 1691 ) , 1 Salk , 125 . • Street's Foundations of Legal Liability , Vol . II , pp . 376-7 . 10 ...
Страница 44
... surety . But the obligation of the indorser is a new and separate contract , which may be valid and subsisting although the contracts of the other parties to the instrument be totally void . So distinct are the contracts of the maker ...
... surety . But the obligation of the indorser is a new and separate contract , which may be valid and subsisting although the contracts of the other parties to the instrument be totally void . So distinct are the contracts of the maker ...
Страница 131
... surety or guarantor makes with the creditor to answer for the debt , default or miscarriage of another person . Since by the nature of the contract , the surety or guarantor takes on the obliga- tion for which the principal debtor is ...
... surety or guarantor makes with the creditor to answer for the debt , default or miscarriage of another person . Since by the nature of the contract , the surety or guarantor takes on the obliga- tion for which the principal debtor is ...
Страница 132
... surety's contract is one of the oldest known to the law ; just how old this kind of contract is , it seems impossible to say , except that its origin is of such an ancient date , and some of its characteristics were so well known to the ...
... surety's contract is one of the oldest known to the law ; just how old this kind of contract is , it seems impossible to say , except that its origin is of such an ancient date , and some of its characteristics were so well known to the ...
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acceptance for honor acceptance supra protest acceptor adjudged agent amount application assignment bank bankrupt bill of exchange bill or note Bills and Notes bona fide holder bond claim co-sureties common law consideration contract of insurance court of bankruptcy creditor debt deemed default defense delivery discharge dishonored by non-acceptance drawer and indorsers due course equity filed fraud give notice given guarantor guaranty holder for value holder in due instru instrument is payable insurable interest jurisdiction law merchant lex mercatoria maker maturity ment merchants negotiable instrument non-payment notice of dishonor obligation paid paper payable on demand payee person petition plaintiff presentment for acceptance presentment for payment principal debtor proceedings promissory note reasonable referee rule secondarily liable SECTION signature specified statute subrogated subsequent sum certain surety suretyship thereof tion transfer trustee unless valid void Wend
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Страница 93 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Страница 88 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Страница 84 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authoritjgiven and within a reasonable...
Страница 304 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Страница 274 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) Are due as a tax levied by the United States, the State, county, district, or municipality in which he resides ; (2) Are judgments in actions for frauds, or obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Страница 102 - When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.
Страница 22 - Act is an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer.
Страница 357 - Deceased, do make or cause to be made a true and perfect Inventory...
Страница 83 - Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly.
Страница 264 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay or defraud his creditors, or any of them...