Outlines of Suretyship and GuarantyCallaghan and Company, 1927 - 620 страница |
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Страница 16
... mortgage , is the surety , while the grantee becomes the principal.86 This results by virtue of their relation . Un- less the mortgage is expressly assumed , the grantee of mort- gaged premises is not liable for any deficiency above the ...
... mortgage , is the surety , while the grantee becomes the principal.86 This results by virtue of their relation . Un- less the mortgage is expressly assumed , the grantee of mort- gaged premises is not liable for any deficiency above the ...
Страница 17
... mortgage , an equity did arise which could not be taken from the mortgagor with- out his consent , and which bears a very close resemblance to the equi- table right of a surety , the terms of whose contract have been modified . " Murray ...
... mortgage , an equity did arise which could not be taken from the mortgagor with- out his consent , and which bears a very close resemblance to the equi- table right of a surety , the terms of whose contract have been modified . " Murray ...
Страница 45
... Mortgage Co. ( 1899 ) 107 Ga . 499 , 33 S. E. 708 . 15 Griffith v . Sitgreaves ( 1879 ) 90 Pa . St. 161 , 167 . 16 Davis et al . v . Statts ( 1873 ) 43 Ind . 103 , 13 Am . Rep . 382 ; Winn v . Sanford ( 1887 ) 145 Mass . 302 , 14 N. E. ...
... Mortgage Co. ( 1899 ) 107 Ga . 499 , 33 S. E. 708 . 15 Griffith v . Sitgreaves ( 1879 ) 90 Pa . St. 161 , 167 . 16 Davis et al . v . Statts ( 1873 ) 43 Ind . 103 , 13 Am . Rep . 382 ; Winn v . Sanford ( 1887 ) 145 Mass . 302 , 14 N. E. ...
Страница 79
... mortgage on the principal's personalty , verbally promises that he will pay the principal's debt in consideration that the promisee will not attach the same property : it is not enforceable , because the statute requires it to be in ...
... mortgage on the principal's personalty , verbally promises that he will pay the principal's debt in consideration that the promisee will not attach the same property : it is not enforceable , because the statute requires it to be in ...
Страница 80
... mortgage , being prior , already was a lien on the property . The principal's debt was not ex- tinguished , and any legal benefit of the promise inures to the benefit of the principal debtor . True , there is an incidental benefit to ...
... mortgage , being prior , already was a lien on the property . The principal's debt was not ex- tinguished , and any legal benefit of the promise inures to the benefit of the principal debtor . True , there is an incidental benefit to ...
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Чести термини и фразе
action Adm'r agreement amount appeal bond assumpsit attachment authority bail bail bond bankrupt Bankruptcy Act benefit bound cipal claim co-sureties collateral common law compensated surety consideration contract contribution court of equity creditor default defendant discharge in bankruptcy duty effect enforce entitled equity execution executor fact Fidelity filing given guar guarantor guaranty held indemnify indemnity indorser insolvent joint judgment jurisdiction Justice liability lien Maryland Casualty Co Mass ment mortgage National Bank Negotiable Instruments obligee obligor officer opinion original paid party pay the debt payee payment plaintiff principal and surety principal debtor principal's debt prior promisor promissory note provable reason recover reimbursement release rule ruptcy signed statute of frauds statute of limitations subrogation supra Supreme Court Surety Bonds surety's 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