A Practical Treatise on the Law of Principal and Surety: Particularly with Relation to Mercantile Guarantees, Bills of Exchange, and Bail Bonds

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S. Sweet, 1832 - 297 pages

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Page 235 - Aid. 12. sheriff or to the action, if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Page 1 - 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.
Page 38 - miscarriage" has not the same meaning as the word " debt" or " default ;" it seems to me to comprehend that species of wrongful act, for the consequences of which the law would make the party civilly responsible. The wrongful riding the horse of another, without his leave and license, and thereby causing its death, is clearly an act for which the party is responsible in damages; and, therefore, in my judgment, falls within the meaning of the word miscarriage.
Page 236 - TR 201, there was, in addition to the special count on the entire promise, a count for money paid by the plaintiff to the use of the defendant.
Page 103 - Commissioners are hereby required to ascertain the value thereof, and to admit such person to prove the amount so ascertained, and to receive dividends thereon; or, if such value shall not be so ascertained before the contingency shall have happened, then such person may, after such contingency shall have happened, prove in respect of such debt, and receive dividends with the other creditors, not disturbing any former dividends; provided such person had not, when such debt was contracted, notice...
Page 5 - No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage 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.
Page 249 - Money, deducting therefrom such Diminution in the Value thereof as shall have been caused by the Lapse of Time since the Grant thereof to the Time of filing such Prisoner's Petition...
Page 114 - But length of time used merely by way of evidence, may be left to the consideration of the jury to be credited or not, and to draw their inference one way or the other, according to circumstances.
Page 235 - ... such proof; or if the creditor shall not have proved under the commission, such surety, or person liable, or bail, shall be entitled to prove his demand in respect of such payment as a debt under the commission, not disturbing the former dividends, and may receive dividends with the other creditors, although he may have become surety, liable, or bail, as aforesaid, after an act of bankruptcy committed by such bankrupt ; provided that such person had not, when he became such surety, or bail, or...
Page 253 - A surety," to use the language of Sir S. Romilly's reply, "will be entitled to every remedy which the creditor has against the principal debtor, to enforce every security and all means of payment; to stand in the place of the creditor...

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