Outlines of Suretyship and GuarantyCallaghan and Company, 1927 - 620 страница |
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Страница 5
... compel reimbursement from anyone , and it is absolute.10 Accessorial obligors are liable upon an agreement entered into in reliance upon another contract which is necessary to give the accessorial contract vitality . 8 Wolthausen v ...
... compel reimbursement from anyone , and it is absolute.10 Accessorial obligors are liable upon an agreement entered into in reliance upon another contract which is necessary to give the accessorial contract vitality . 8 Wolthausen v ...
Страница 16
... compel the mortgage to treat him as a surety , since the sale of the 35 McAreavy v . Magirl ( 1904 ) 123 Ia . 605 , 99 N. W. 193 ; Norman et al . V. Jackson Fertilizer Co. ( 1902 ) 79 Miss . 747 , 31 So. 419 ; Grotte v . Weil et al ...
... compel the mortgage to treat him as a surety , since the sale of the 35 McAreavy v . Magirl ( 1904 ) 123 Ia . 605 , 99 N. W. 193 ; Norman et al . V. Jackson Fertilizer Co. ( 1902 ) 79 Miss . 747 , 31 So. 419 ; Grotte v . Weil et al ...
Страница 17
... compel the mortgagee to elect between a repudiation of the obligation thus assumed by the pur- chaser and a novation by which he releases the original debtor from his obligation as principal , and consents that from thenceforth he shall ...
... compel the mortgagee to elect between a repudiation of the obligation thus assumed by the pur- chaser and a novation by which he releases the original debtor from his obligation as principal , and consents that from thenceforth he shall ...
Страница 127
... compel the other par- ties to discharge him from future responsibility . " See Duncan and Shumate v . Heller ( 1880 ) 13 S. C. 94 . 20 German Savings Bank v . Drake Roofing Co. ( 1900 ) 112 Ia . 184 , 83 N. W. 960 , 84 A. S. R. 335 ...
... compel the other par- ties to discharge him from future responsibility . " See Duncan and Shumate v . Heller ( 1880 ) 13 S. C. 94 . 20 German Savings Bank v . Drake Roofing Co. ( 1900 ) 112 Ia . 184 , 83 N. W. 960 , 84 A. S. R. 335 ...
Страница 168
... compel payment by the debtor . A judgment , by operation of law , becomes a lien on the defend- ant's realty , which , unless otherwise discharged , continues until the debt is paid . It is incapable of enforcement as an inde- pendent ...
... compel payment by the debtor . A judgment , by operation of law , becomes a lien on the defend- ant's realty , which , unless otherwise discharged , continues until the debt is paid . It is incapable of enforcement as an inde- pendent ...
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Чести термини и фразе
action Adm'r agreement amount appeal bond assumpsit bail bail bond bankrupt bankruptcy becomes bound benefit cipal claim co-sureties collateral compel consideration contract contribution court of chancery court of equity cred creditor default defendant discharge in bankruptcy duty effect enforce entitled equity Executor exists Fidelity given guarantor guaranty held implied indemnify indemnity indorser insolvent itor joint judgment Justice liability lien Mass ment mortgage mortgagor National Bank Negotiable Instruments notice obligee obligor opinion original paid party pay the debt payee paying surety payment plaintiff principal and surety principal debtor principal's debt prior pro tanto promisor promissory note reason recover reimbursement release remedies Reports Reprint rule signed statute of frauds statute of limitations subrogation subsequent supra Supreme Court suretyship third person tion Trust undertaking verbal promise
Популарни одломци
Страница 175 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Страница 337 - That all levies, judgments, attachments, or other liens obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Страница 87 - Whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Страница 300 - Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the said Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Страница 61 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Страница 506 - State of principal, and (a corporation organized and existing under the laws of ) surety, are held and firmly bound unto the United States Housing Corporation in the penal sum of dollars, lawful money of the United States, for the payment of which, well and truly to be made to the United States Housing Corporation, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
Страница 518 - America to the payment of which, well and truly to be made, We bind ourselves, our, and each of our heirs, Executors, and Administrators, Jointly and severally, firmly by these presents...
Страница 61 - No action shall be brought . . . whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person . . . unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person 'thereunto by him lawfully authorized.
Страница 300 - Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them...
Страница 143 - primarily" liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily