Bills and notes. Guaranty and suretyship. Insurance. BankruptcyCree Publishing Company, 1908 - Law |
From inside the book
Results 1-5 of 76
Page v
... Surety or a Guarantor . 143 66 13 Infants as Sureties . .... 144 66 14 Married Women as Sureties . 145 66 66 15 Insane Persons as Surety ... 145 16 66 66 18 Partnerships and Corporations as Sureties . 17 Attorneys - at - law as Sureties ..
... Surety or a Guarantor . 143 66 13 Infants as Sureties . .... 144 66 14 Married Women as Sureties . 145 66 66 15 Insane Persons as Surety ... 145 16 66 66 18 Partnerships and Corporations as Sureties . 17 Attorneys - at - law as Sureties ..
Page 43
... surety . The surety's obligation is not an independent contract , but is ' Claxton vs. Swift , 1 Lutw . , 878 , 882b . Hodges vs. Steward ( 1691 ) , 1 Salk , 125 . • Street's Foundations of Legal Liability , Vol . II , pp . 376-7 . 10 ...
... surety . The surety's obligation is not an independent contract , but is ' Claxton vs. Swift , 1 Lutw . , 878 , 882b . Hodges vs. Steward ( 1691 ) , 1 Salk , 125 . • Street's Foundations of Legal Liability , Vol . II , pp . 376-7 . 10 ...
Page 44
... surety . But the obligation of the indorser is a new and separate contract , which may be valid and subsisting although the contracts of the other parties to the instrument be totally void . So distinct are the contracts of the maker ...
... surety . But the obligation of the indorser is a new and separate contract , which may be valid and subsisting although the contracts of the other parties to the instrument be totally void . So distinct are the contracts of the maker ...
Page 131
... surety or guarantor makes with the creditor to answer for the debt , default or miscarriage of another person . Since by the nature of the contract , the surety or guarantor takes on the obliga- tion for which the principal debtor is ...
... surety or guarantor makes with the creditor to answer for the debt , default or miscarriage of another person . Since by the nature of the contract , the surety or guarantor takes on the obliga- tion for which the principal debtor is ...
Page 132
... surety's contract is one of the oldest known to the law ; just how old this kind of contract is , it seems impossible to say , except that its origin is of such an ancient date , and some of its characteristics were so well known to the ...
... surety's contract is one of the oldest known to the law ; just how old this kind of contract is , it seems impossible to say , except that its origin is of such an ancient date , and some of its characteristics were so well known to the ...
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Common terms and phrases
acceptance supra protest acceptor for honor adjudged agent amount application assignment bank bankrupt bill of exchange bill or note Bills and Notes bona fide holder bond claim co-sureties common law consideration contract of insurance court of bankruptcy creditor debt deemed default defense delivery discharge dishonored by non-acceptance drawer and indorsers due course duties equity filed fraud give notice given guarantor guaranty holder for value holder in due instru instrument is payable insurable interest jurisdiction law merchant lex mercatoria maker maturity ment merchants negotiable instrument non-payment notice of dishonor obligation paid paper payable on demand payee person petition plaintiff presentment for acceptance presentment for payment principal debtor proceedings promissory note reasonable referee rule secondarily liable SECTION signature specified statute subrogated subsequent sum certain surety suretyship thereof tion transfer trustee unless valid void Wend
Popular passages
Page 98 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 27 - A promissory note is defined as " an unconditional promise in writing, made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time, a sum certain in money to, or to the order of, a specified person or to bearer
Page 93 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 89 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authoritjgiven and within a reasonable...
Page 283 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 107 - When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.
Page 336 - Deceased, do make or cause to be made a true and perfect Inventory...
Page 294 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication.
Page 88 - Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly.
Page 247 - ... a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known (if unknown that fact to be stated...