 | James Kent - 1828 - 432 pàgines
...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... | |
 | 1832 - 512 pàgines
...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,...case of the failure of another person, who is in the first instance liable to such payment or performance." ' s Upon which our 1 Pokier, by Evans, n. 365.... | |
 | William Theobald - 1832 - 324 pàgines
...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,...case of the failure of another person, who is in the first instance liable to such payment or performance. 2. A person may accede as surety to other obligations... | |
 | John Bouvier - 1843 - 752 pàgines
...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...of the 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,... | |
 | United States. Circuit Court (3rd Circuit), John William Wallace - 1849 - 584 pàgines
...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... | |
 | 1850 - 600 pàgines
...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... | |
 | 1849 - 604 pàgines
...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 - 1854 - 674 pàgines
...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 - 1857 - 812 pàgines
...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...case of the failure of another person, who is, in the first instance, liable to such payment or performance. — Bouvier's Listituies, p. 362, No. 912, citing... | |
 | 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 pàgines
...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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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. 
