The Law of Contracts, Volume 2Little, Brown, 1893 - Contracts |
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... . Of the consideration 6 SECTION III . Whether a promise is original or collateral 9 SECTION IV . Of the agreement and acceptance 12 SECTION V. Of the change of liability . 16 SECTION VI . How a guarantor is affected by indulgence.
... . Of the consideration 6 SECTION III . Whether a promise is original or collateral 9 SECTION IV . Of the agreement and acceptance 12 SECTION V. Of the change of liability . 16 SECTION VI . How a guarantor is affected by indulgence.
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... promise or engagement of a third party.1 And this we shall now consider . 1 The words " surety " and " guarantor " are often used indiscriminately , but the dis- tinction is taken that while a surety is an original contractor , bound ...
... promise or engagement of a third party.1 And this we shall now consider . 1 The words " surety " and " guarantor " are often used indiscriminately , but the dis- tinction is taken that while a surety is an original contractor , bound ...
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... promise to be responsible for it is con- sidered , for some purposes , as direct and not collateral ; as , in fact , the original promise . ( d ) But if an infant purchase neces- saries , and give a promissory note signed by himself ...
... promise to be responsible for it is con- sidered , for some purposes , as direct and not collateral ; as , in fact , the original promise . ( d ) But if an infant purchase neces- saries , and give a promissory note signed by himself ...
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... promise to pay the debt of another be in writ- ing , it is nevertheless of no force unless founded upon a con- sideration . ( 0 ) 3 It is itself a distinct contract , and must rest ( k ) Cotton v . Blane , 2 Anst . 544 ; Wright v . Nutt ...
... promise to pay the debt of another be in writ- ing , it is nevertheless of no force unless founded upon a con- sideration . ( 0 ) 3 It is itself a distinct contract , and must rest ( k ) Cotton v . Blane , 2 Anst . 544 ; Wright v . Nutt ...
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... PROMISE IS ORIGINAL OR. * 8 which C wrote " I guarantee the above , " and the goods were then delivered . Held , that this was a collateral undertak- ing of C ; but that , as the transaction was one and entire , the consideration passing ...
... PROMISE IS ORIGINAL OR. * 8 which C wrote " I guarantee the above , " and the goods were then delivered . Held , that this was a collateral undertak- ing of C ; but that , as the transaction was one and entire , the consideration passing ...
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Common terms and phrases
action agent agreement assumpsit authority bailee bailment bailor Bank Barb bill bill of lading Blatchf bond bottomry bound cargo carry cause charge charter-party claim common carrier common law consent consignee contract court court of equity creditor damages debt defendant defendant's delivered delivery discharge entitled equity Exch fact fendant fraud freight gross negligence guarantor guaranty held hired hirer horse infringement injunction injury innkeeper jury labor Law Rep liable lien Lord loss manufacture marriage Mass master ment notice owner part-owner party passenger patent payment person Pick plaintiff pledge port possession principle promise purchaser quantum meruit question R. R. Co railroad reasonable receive recover responsible rule Sandf servant ship Smith Sprague Stat statute statute of frauds Steamboat Strob surety thing tion trade-mark 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.