Outlines of Suretyship and GuarantyCallaghan and Company, 1927 - 620 страница |
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Страница iv
... paid in premiums in 1925 for fidelity and surety bonds . In this is not included premiums in various casualty lines . The gratui- tous surety is today a negligible factor in modern business . In applying the old principles of the law of ...
... paid in premiums in 1925 for fidelity and surety bonds . In this is not included premiums in various casualty lines . The gratui- tous surety is today a negligible factor in modern business . In applying the old principles of the law of ...
Страница 31
... paid the obli- gation for him . The indemnitor and warrantor will be liable to the person to whom the obligation was made , but they will be without the right to recover against anyone unless there is some contract permitting it.86 The ...
... paid the obli- gation for him . The indemnitor and warrantor will be liable to the person to whom the obligation was made , but they will be without the right to recover against anyone unless there is some contract permitting it.86 The ...
Страница 32
... paid at maturity by the principal , who is solvent at the time , the guarantor will be dis- charged , if he has not received no- tice , if the principal shall have be- come insolvent , and , as a general rule , the guarantor is entitled ...
... paid at maturity by the principal , who is solvent at the time , the guarantor will be dis- charged , if he has not received no- tice , if the principal shall have be- come insolvent , and , as a general rule , the guarantor is entitled ...
Страница 35
... paid , " which constitutes an absolute guaranty.96 7.96 Had the guarantor omitted the words " and collectible , " used in the above , simply guaranteeing the note to be good until paid , his obligation would have been a conditional one ...
... paid , " which constitutes an absolute guaranty.96 7.96 Had the guarantor omitted the words " and collectible , " used in the above , simply guaranteeing the note to be good until paid , his obligation would have been a conditional one ...
Страница 37
... paid by the principal debtor , when the guarantee may bring an action at once against the guar- antor ; and the latter being a prom- ise to pay the debt upon condition that the guarantee diligently pros- ecutes the principal debtor for ...
... paid by the principal debtor , when the guarantee may bring an action at once against the guar- antor ; and the latter being a prom- ise to pay the debt upon condition that the guarantee diligently pros- ecutes the principal debtor for ...
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Друга издања - Прикажи све
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