 | 1887 - 890 páginas
...by parol evidence. Could he do so legally? A guaranty is a promise made upon a good consideration, to answer for the payment of some debt, or the performance...case of the failure of another person, who is, in the first instance, liable to such payment or performance: 1 Bouvier's Law Diet.; Smith on Mercantile Law,... | |
 | 1887 - 1028 páginas
...v. Chapman, 3 Pen. & W. 18, it was held that the legal import of the term ' guaranty' is a prom ¡se to answer for the payment of some debt, or the performance...duty, in case of the failure of another person, who in the first instance is liable; and that decision was folio wed in Isett v.Hoge, 2 Watts. 128. In... | |
 | Joseph Fitz Randolph - 1888 - 964 páginas
...Guaranty. 862. Action — Joinder of Guarantor. § 849. Guarantor not an Indorser or Surety. — A guaranty is a promise to answer for the payment of some debt...duty in case of the failure of another person who is liable in the first instance.' A guarantor differs from a surety in this, that a surety is liable absolutely... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1888 - 710 páginas
...In Johnston v. Chapman, 3 Pa. 18, it was held that the legal import of the term "guarantee" is the promise to answer for the payment of some debt, or...duty, in case of the failure of another person, who in the first instance is liable; and that decision was followed in Isctt v. Hoge, 2 Watts, 128. In... | |
 | Arkansas. Supreme Court - 1914 - 708 páginas
...stated in one of the encyclopedias of law, "is a collateral undertaking by one person to be answerable for the payment of some debt or the performance of some duty or contract for another person who stands first bound to pay or perform. There can only be a contract... | |
 | Arthur B. Clark - 1890 - 228 páginas
...affected by it ? Need a secret partner notify outsiders when he retires ? LESSON XXXVL Guaranty. — This is a promise to answer for the payment of some debt,...duty, in case of the failure of another person who is first liable. It is a form of accessorial contract, and, as a rule, should be in writing. For example:... | |
 | North Carolina. Supreme Court - 1890 - 618 páginas
...of The Code, makes him " principal thereto." Judge DANIEL says: "A guaranty is a promise to answer the payment of some debt, or the performance of some...duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance." Carpenter v. Wall, 4 D. & B.,... | |
 | 1890 - 1130 páginas
...par. 2, Code, makes him "principal thereto." Judge DANIEL says: "A guaranty is a promise to answer the payment of some debt, or the performance of some...duty, in case of the failure of another person who is himself, in the first Instance, liable to such payment on performance." Carpenter v. Wall, 4 Dev. &... | |
 | 1892 - 1106 páginas
...Nichols, 60 NY444, the court of appeals says: "A ' guaranty' is defined by elementary writers to be a promise to answer for the payment of some debt or...duty in case of the failure of another person who in first instance is liable for such payment or performance;" citing 3 Kent, Comm. 121. If this were... | |
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The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance. 
