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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. "
A Practical Treatise on the Law of Principal and Surety: Particularly with ... - Page 1
by William Theobald - 1832 - 297 lehte
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Commentaries on American Law, 3. köide

James Kent - 1828 - 432 lehte
...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...
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A Practical Treatise on the Commercial and Mercantile Law of England

Humphry William Woolrych - 1829 - 616 lehte
...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...
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The American Jurist and Law Magazine, 8. köide

1832 - 512 lehte
...accession to his obligation.' ' He then adds — ' by Mr. Fell it is defined as follows — "A guaranty is a promise to answer for the payment of some debt,...first instance liable to such payment or performance." ' s Upon which our 1 Pokier, by Evans, n. 365. » Fell on Gu»rp 1. 1832.] Law of Principal and Surety....
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A Law Dictionary, Adapted to the Constitution and Laws of the ..., 1. köide

John Bouvier - 1843 - 752 lehte
...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....
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Cases in the Circuit Court of the United States for the Third ..., 1. köide

United States. Circuit Court (3rd Circuit), John William Wallace - 1849 - 584 lehte
...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...
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The American Law Journal, 2. köide;9. köide

1850 - 600 lehte
...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...
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The American Law Journal, 1. köide;8. köide

1849 - 604 lehte
...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....
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Institutes of American Law, 1. köide

John Bouvier - 1854 - 674 lehte
...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....
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Reports of the Cases Argued and Determined in the Supreme Court of ..., 3. köide

John Louis Taylor Sneed, Tennessee. Supreme Court - 1857 - 812 lehte
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 11. köide

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 - 1859 - 654 lehte
...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....
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