Outlines of Suretyship and GuarantyCallaghan and Company, 1927 - 620 страница |
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Страница xii
... Payment by the surety giving his note . § 160 . Payment by instalments . § 161 . Set - off . § 162 . § 163 . The surety must not be a party to an illegal contract . Sureties on criminal bail bonds . § 164 . Effect of a judgment in favor ...
... Payment by the surety giving his note . § 160 . Payment by instalments . § 161 . Set - off . § 162 . § 163 . The surety must not be a party to an illegal contract . Sureties on criminal bail bonds . § 164 . Effect of a judgment in favor ...
Страница 8
... pay a debt or perform an obligation , is entitled , if it is enforced against him , to be indemnified by some other person , who ought himself to have made payment or performed the obligation before the surety was required to do so ...
... pay a debt or perform an obligation , is entitled , if it is enforced against him , to be indemnified by some other person , who ought himself to have made payment or performed the obligation before the surety was required to do so ...
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... pay his principal's obligation absolutely ; the guarantor's undertaking is to pay if the principal cannot.22 The former promises that the debt will be paid , while the latter guarantees the solvency of the principal . In effect the ...
... pay his principal's obligation absolutely ; the guarantor's undertaking is to pay if the principal cannot.22 The former promises that the debt will be paid , while the latter guarantees the solvency of the principal . In effect the ...
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... pay if , by the use of due diligence , the debt cannot be made out of the principal debtor , while the surety undertakes directly for the payment , and so is responsible at once if the principal debtor makes default . " Kearns v ...
... pay if , by the use of due diligence , the debt cannot be made out of the principal debtor , while the surety undertakes directly for the payment , and so is responsible at once if the principal debtor makes default . " Kearns v ...
Страница 19
... pay the amount there- of to the holder or to any subsequent indorser who may be compelled to pay it . " 50 Brady v ... payment is given to the party whom it is intended to charge . That is not because the indorser has thus stipulated ...
... pay the amount there- of to the holder or to any subsequent indorser who may be compelled to pay it . " 50 Brady v ... payment is given to the party whom it is intended to charge . That is not because the indorser has thus stipulated ...
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Друга издања - Прикажи све
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