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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. "
Reports of Cases at Law Argued and Determined in the Supreme Court of North ... - Page 432
by North Carolina. Supreme Court, Samuel Field Phillips - 1868 - 646 pages
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Commentaries on American law, Volume 3

James Kent - 1826-1830 - 1828
...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 - Commercial law - 1829 - 555 pages
...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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A Practical Treatise on the Law of Principal and Surety: Particularly with ...

William Theobald - Agency (Law) - 1832 - 297 pages
...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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The American Jurist and Law Magazine, Volume 8

Law - 1832
...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,...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 Law Dictionary: Adapted to the Constitution and Laws of the ..., Volume 1

John Bouvier - Anglo-Norman dialect - 1843
...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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A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu

Charles Greenstreet Addison - Contracts - 1847 - 910 pages
...contract by one person to be answerable for the payment of some debt, or the performance of some act, or duty, in case of the failure of another person, who is himself primarily responsible for the payment of such debt, or the performance of the act covenanted, or agreed...
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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 - Court rules - 1849
...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

Law - 1850
...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

Law - 1849
...in writing in order to be valid. The plaintiff seeks to recover on this as on an original guaranty. A guaranty is defined to be a promise to answer for...of the failure of another person, who is himself, in the first instance, liable to such payment or performance. Smith on Mercantile Law, 277. Story on...
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Institutes of American law, Volume 1

John Bouvier - Law - 1854
...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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