 | Law reports, digests, etc - 1892 - 1106 pages
...Gallagher v. Nichols, 60 NY444, the court of appeals says: "A ' guaranty' is defined by elementary writers to be a promise to answer for the payment of some...duty in case of the failure of another person who in first instance is liable for such payment or performance;" citing 3 Kent, Comm. 121. If this were... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1030 pages
...principal without demand or notice: Bead v. Cults, 7 Me. 186; 22 Am. Deo. 184. A. guaranty U a promUe to answer for the payment of some debt, or the performance of some duty, in the case of the failure of another person who ia in the Hrst instance liable: Mnthrw* v. C/irisman,... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1892 - 752 pages
...GaUayher v. Nichols (60 NY, 444), the Court of Appeals says: "A guarantee is defined by elementary writers to be a promise to answer for the payment of some...duty in case of the failure of another person who, in the first instance, is liable for such payment or performance." (Citing 3 Kent's Com., 121.) If... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1897 - 1044 pages
...Ita judgment it affirmed. GUARANTY-DISCHARGE OP GUARANTOR.— 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 Is In the first Instance liable: Mathews v. Chrisman,... | |
 | Law reports, digests, etc - 1899 - 1234 pages
...valuable consideration, to be answerable for the payment of some particular debt, or future debts, or the performance of some duty, in case of the failure of another person primarily liable to pay or perform"; and it is said that such guaranty is assignable, with the obligation... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Conveyancing - 1899 - 1126 pages
...GUARANTY is the warranty of some act or debt of another. In the commercial sense, it is an undertaking to answer for the payment of some debt or the performance of some contract by another person who is in the first instance liable to such payment or performance. It is... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1044 pages
...valuable consideration, to be answerable for the payment of some particular debt, or future debts, or the performance of some duty, in case of the failure of another person primarily liable to pay or perform"; and it is said that such guaranty is assignable, with the obligation... | |
 | James A. Lyons - Commercial law - 1901 - 262 pages
...it a common form of paper? GUARANTY AND SURETYSHIP. CHAPTER XXIII. 245. Definition.—A guarantee is a. promise to answer for the payment of some debt,...performance of some duty, in .case of the failure of another who is in the first instance liable for such payment or performance.^ It is a kind of suretyship as... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1904 - 736 pages
...goods to good advantage. lt is true he says he was to be guaranteed the $250, but, as a guaranty is a promise to answer for the payment of some debt or...duty in case of the failure of another person, who, in the first instance, is liable therefor, it is evident that the witness did not understand the meaning... | |
 | Law - 1904 - 982 pages
..."Conditional Guaranty"; "Continuing Guaranty"; " General Guaranty"; "Special Guaranty"; "Strict Guaranty." A "guaranty" is defined to be a promise to answer...payment of some debt or the performance of some duty 1n case of the failure of another person, who in the first instance is liable for such payment or performance.... | |
| |
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. 
