The Law of Contracts, Volume 2Little, Brown, 1893 - Contracts |
From inside the book
Results 1-5 of 99
Page 9
... ground that it is an original promise , and not a collateral one , and therefore not within the requirement of the statute of frauds . ( t ) 1 The question what are the circumstances v . Head , 2 Rich . L. 590. See also Rail- ton v ...
... ground that it is an original promise , and not a collateral one , and therefore not within the requirement of the statute of frauds . ( t ) 1 The question what are the circumstances v . Head , 2 Rich . L. 590. See also Rail- ton v ...
Page 17
... ground that his liability was exactly 17 defined when he assumed it , and could not be enlarged or varied without his consent , either by the party receiving the guaranty or by the operation of law . In England it has been held that the ...
... ground that his liability was exactly 17 defined when he assumed it , and could not be enlarged or varied without his consent , either by the party receiving the guaranty or by the operation of law . In England it has been held that the ...
Page 18
... ground upon this point . They have decided that the surety is discharged not merely by payment of the debt or a release of the principal , but by any material change in the relations between the principal and the party to whom he owes a ...
... ground upon this point . They have decided that the surety is discharged not merely by payment of the debt or a release of the principal , but by any material change in the relations between the principal and the party to whom he owes a ...
Page 25
... ground only can the rule be de- fended . Again , he says , there must be something more than an ability to pay at the option of the debtor . Among other reasons he mentions the surety having a remedy of his own by payment and suit , a ...
... ground only can the rule be de- fended . Again , he says , there must be something more than an ability to pay at the option of the debtor . Among other reasons he mentions the surety having a remedy of his own by payment and suit , a ...
Page 26
... ground , where he has been injured by the certain fault of the party to whom he makes the guar- anty . ( c ) And from a consideration of the cases , and the reasons on which they rest , we think this rule may be drawn : that a surety is ...
... ground , where he has been injured by the certain fault of the party to whom he makes the guar- anty . ( c ) And from a consideration of the cases , and the reasons on which they rest , we think this rule may be drawn : that a surety is ...
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Other editions - View all
Common terms and phrases
action agent agreement assumpsit authority bailee bailment bailor Bank Barb bill of lading Blatchf bottomry bound carry cause charge coach common carrier common law Conn consent consignee contract court creditor damages debt defendant defendant's delivered delivery discharge duty employed entitled Exch fact fendant fraud freight gross negligence guarantor guaranty guest held Hill N. Y. hired hirer horse infringement injury innkeeper jury labor liable lien Lord Lord Ellenborough loss marriage Mass master ment notice obligation Ohio St opinion ordinary owner party passenger patent payment person plaintiff pledge possession principle promise proprietor quantum meruit question R. R. Co Railway reasonable receive recover refused rendered responsible rule servant ship Smith statute statute of frauds Steamboat Strob sufficient surety telegraph tion trade-mark transportation unless valid vessel Wend Western Union
Popular passages
Page 713 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.
Page 312 - ... in public use or on sale in this country for more than two years...
Page 321 - States, or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts...
Page 308 - Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an exclusive right under his patent to the whole or any specified part of the United States.
Page 348 - ... located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States...
Page 592 - ... by his own hand, or in consequence of a duel or by the hands of justice, or in the known violation of any law of these States or of the United States, or of the said provinces,— this policy shall be void and of no effect.
Page 448 - December next, every master or commander of any ship or vessel, bound from a port in the United States to any foreign port, or of any ship or vessel of the burden of fifty tons or upwards, bound from a port in one State to a port in any other than an adjoining State...
Page 321 - Act, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States...
Page 322 - AB, of hath deposited in this office the title of a book, (map, chart, or otherwise, as the case may be, or description of the article,) the title or description of which is in the following words, to...
Page 361 - ... which so nearly resembles some other person's lawful trade-mark as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers.