 | Henry Newton Sheldon - Subrogation - 1882 - 466 pages
...general rule being that when the estates of two or more persons are subject to a common incumbrance, for the payment of some debt or the performance of some duty common to both, and one pays the whole for the benefit of all, he shall have tlie right to hold all... | |
 | William Colebrooke - Pledges (Law) - 1883 - 734 pages
...valuable consideration, to be answerable for the payment of some particular debt, or future debts, or the performance of some duty, in case of the failure of another person primarily liable to pay or perform.' Such guaranty is assignable with the notes or other obligations... | |
 | Law reports, digests, etc - 1887 - 956 pages
...the contract. In Johnston v. Chapman, 8 Pen. & W. 18, it was held that the legal import oí the term 'guaranty' is a promise to answer for the payment...duty, in case of the failure of another person! who in the first instance is liable; and that decision was folio wed in Isctt \.lloge, 2 Watts. 128. I... | |
 | William Waterston - 1884 - 314 pages
...a fixed rent payable for church lands; also for building-ground, eSec. GoAEANTER, an engagement for some debt, or the performance of some duty, in case of the failure of another person who ia primarily responsible. GoILD, an ancient term for a mercantile corporation. HoLo0EAPH, Scot., a... | |
 | Law - 1885 - 948 pages
...promisor will answer for his default, the contract is one of guaranty. A concise definition of the term is: "A promise to answer for the payment of some debt,...performance of some duty, in case of the failure of some person who, in the first instance, is liable for such payment or performance." 3 Kent, Comm. 121... | |
 | 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 - 1885 - 688 pages
...promisor will answer for such default, the contract is one of guaranty. A concise definition of the term is: "A promise to answer for the payment of some debt,...performance of some duty, in case of the failure of some person who, in the first instance, is liable for such payment or performance." Baylies Sureties... | |
 | Law reports, digests, etc - 1885 - 906 pages
...remarked is "guaranty," a word which, in its enlarged sense, says Chancellor Kent (Com., vol. 3, p. 12Í), 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... | |
 | John C. Bryant - Business - 1886 - 282 pages
...trust confided in the vendor by the vendee. GUARANTY. 291. A Guaranty. — A guaranty is an undertaking to answer for the payment of some debt, or the performance of some duty, in case of the failure of another liable for such payment or performance. 393. The Essentials. — The essentials of the contract of... | |
 | Law reports, digests, etc - 1906 - 1172 pages
...was to be made "to the hotel company for Its stockholders and bondholders." The promise thus made was a promise "to answer for the payment of some debt, or the performance of some duty, in >:ase of the failure of another, who is himself, in the flrst instance, liable to such payment or performance."... | |
 | Law reports, digests, etc - 1886 - 884 pages
...POSSESSION, 7; PUBLIC LANDS. GUARANTY. 1. GUARANTY, DEFINITION OF. — A guaranty, in its enlarged sense, is a promise to answer for the payment of some debt, or the performance of somt duty, in the case of the failure of another person, who is in the first instance liable. MatJtewa... | |
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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. 
