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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. "
North Carolina Reports: Cases Argued and Determined in the Supreme Court of ... - Page 387
by North Carolina. Supreme Court - 1874
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Commentaries on American Law, Volume 3

James Kent - 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, 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...
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A Practical Treatise on the Commercial and Mercantile Law of England

Humphry William Woolrych - 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,...in case " of the failure of another person, who is, in the fir>! ' instance, liable to such payment or performance.' And it is necessary, not; only that...
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The American Jurist and Law Magazine, Volume 8

1832 - 512 pages
...way of 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...duty, in 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,...
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A Practical Treatise on the Law of Principal and Surety: Particularly with ...

William Theobald - 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,...duty, in 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...
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A Law Dictionary, Adapted to the Constitution and Laws of the ..., Volume 1

John Bouvier - 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...in case 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...
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Cases in the Circuit Court of the United States for the Third ..., Volume 1

United States. Circuit Court (3rd Circuit), John William Wallace - 1849 - 584 pages
...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...
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The American Law Journal, Volume 2; Volume 9

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...
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The American Law Journal, Volume 1; Volume 8

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,...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....
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Institutes of American Law, Volume 1

John Bouvier - 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 performance....
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Reports of the Cases Argued and Determined in the Supreme Court of ..., Volume 3

John Louis Taylor Sneed, Tennessee. Supreme Court - 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...in 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....
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