A Treatise on the Law of Guarantees and of Principal and Surety |
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Common terms and phrases
4th section action agent agreed agreement amount antee appear apply appointment assumpsit bankrupt bankruptcy bill of exchange binding Bing bond bound cipal debtor circumstances cited co-surety collector common law consideration continuing guarantee contract of guarantee court court of equity creditor decided deed default or miscarriage defendant detinue discharge the surety duress duties effect entitled equity Exch execution facts fendant firm give guar guarantee was given held instrument judgment jury Lord Lord Eldon Lord Ellenborough ment obligation original paid parol partner partnership party pay the debt payment plaintiff principal debtor promise to pay promissory note question received recover rule signed Statute of Frauds Statute of Limitations subsequent sued supplied surety bond surety's liability suretyship third person tiff tion tract transaction ubi supra undertaking unless Vict void Williams words writing
Popular passages
Page 1266 - 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 miscarriage of another person...
Page 1259 - ... 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.
Page 1246 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age...
Page 1248 - Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject ; and a title to real and personal property of every description" may be derived through, from, or in succession to an alien in the same manner in all respects as through, from, or in succession to a natural-born British subject...
Page 1352 - ... shall be deemed invalid to support an action, suit or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.
Page 1467 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding at law or in equity in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty, and such payment or performance...
Page 1258 - P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law ; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 1352 - ... except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 1326 - The question whether each particular case comes within the clause of the statute or not depends, not on the consideration for the promise, but on the fact of the original party remaining liable, coupled with the absence of any liability on the part of the defendant or his property, except such as arises from his express promise.
Page 1557 - Order shall be laid before both Houses of Parliament within one month after it is made if Parliament be then sitting, or if not, within one month after the beginning of the then next session of Parliament, and while in force shall have effect as if it were enacted in this Act.