 | James Kent - 1826-1830 - 1828 - 432 pages
...been prepared on that subject." (9. ) Of mercantile guaranties. A guaranty, in its enlarged sense, is a promise to answer for the payment of some debt, or the performance of some duty, in the case of the failure of another person, who, in the first instance, is liable. As this engagement... | |
 | Humphry William Woolrych - Commercial law - 1829 - 616 pages
...Id. 328, by Ld. JMan*fiL-ld ; aT. Rvp. 80, Matson r. \Vhnram ; Stl. NP 830. Guarantees. " A guarantee is a promise to answer for the payment " of some debt,..." of the failure of another person, who is, in the fir>! ' instance, liable to such payment or performance.' And it is necessary, not; only that there... | |
 | William Theobald - Agency (Law) - 1832 - 324 pages
...and by way of accession to his obligation. By Mr. Fell (6) it is defined as follows: — A guarantie is a promise to answer for the payment of some debt,...first instance liable to such payment or performance. 2. A person may accede as surety to other obligations (a) Le cautionnement est un con- Fidejussor est,... | |
 | John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...discharged. Smith on Mer. Law, 285. GUARANTY, contracts, is a promise made upon a good consideration, to answer for the payment of some debt or the performance...failure of | another person, who is, in the first i instance, liable to such payment or 614 GUA 61S performance. The English statute of frauds, 29 Car.... | |
 | United States. Circuit Court (3rd Circuit), John William Wallace - Court rules - 1849 - 584 pages
...may be remarked, is "guaranty;" a word which in its enlarged sense, says Com voi s Chancellor Kent,* is "a promise to answer for the payment of some debt, or the performance of some duty, in the case of the failure of another party who in the first instance is liable." The duties and liabilities... | |
 | Law - 1850 - 600 pages
...that of a bill of exchange. Thompson vs. Dominy, 14 M. & W. 403. A guarantee is a special contract for the payment of some debt, or the performance of some duty in the case of failure of another person, who in the first instance is liable. Like all special contracts... | |
 | Law - 1849 - 604 pages
...valid. The plaintiff seeks to recover on this as on an original guaranty. A guaranty is defined to be a promise to answer for the payment of some debt,...duty, in case of the failure of another person, who is himself, in the first instance, liable to such payment or performance. Smith on Mercantile Law, 277.... | |
 | John Bouvier - Law - 1854 - 674 pages
...Promises of this sort are called guarantees. A guarantee is a promise made upon a good consideration, to answer for the payment of some debt, or the performance of some duty, in case of the the failure of another person, who is, in the first instance, liable to such payment or performance.... | |
 | John Louis Taylor Sneed, Tennessee. Supreme Court - Law reports, digests, etc - 1857 - 812 pages
...a technical term. and what is its meaning ? A guaranty is a promise made upon a good consideration, to answer for the payment of some debt, or the performance...first instance, liable to such payment or performance. — Bouvier's Listituies, p. 362, No. 912, citing 24 Pick. 250. Again, the very term guaranty implies... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1859 - 654 pages
...ordinary sense of the term? Or is it an unconditional promise to pay? " A guaranty, in its enlarged sense, is a promise to answer for the payment of some debt, or the performance of some duty, in the case of the failure of another person, who, in the first instance, is liable." 3 Kent's Comm. 121.... | |
| |
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. 
