 | James Kent - 1826-1830 - 1828 - 432 pages
...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,...of some duty, in the case of the failure of another person, who, in the first instance, is liable. As this engagement is a common one in mercantile transactions,... | |
 | Humphry William Woolrych - Commercial law - 1829 - 616 pages
...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, or the performance of some duty, in case " of the failure of another person, who is, in the fir>! ' instance, liable to such payment or... | |
 | Law - 1832 - 512 pages
...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, or the performance of some duty, in case of the failure of another person, who is in the first instance liable to such payment or performance."... | |
 | William Theobald - Agency (Law) - 1832 - 324 pages
...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, or the performance of some duty, in case of the failure of another person, who is in the first instance liable to such payment or performance.... | |
 | John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...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 some duty, in case of the failure of | another person, who is, in the first i instance, liable to such payment or... | |
 | Law - 1850 - 600 pages
...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 by parol,... | |
 | Law - 1849 - 604 pages
...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, 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... | |
 | John Bouvier - Law - 1854 - 674 pages
...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... | |
 | John Louis Taylor Sneed, Tennessee. Supreme Court - Law reports, digests, etc - 1857 - 812 pages
...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 of some duty, in case of the failure of another person, who is, in the first instance, liable to such payment or performance.... | |
 | 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 - Law reports, digests, etc - 1859 - 654 pages
...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,...of some duty, in the case of the failure of another person, who, in the first instance, is liable." 3 Kent's Comm. 121. This indicates a conditional undertaking;... | |
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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. 
