 | Law reports, digests, etc - 1854 - 560 pages
...advert. We will premise, with regard to the general subject of a guarantee, that it may be 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, 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 - 1864 - 624 pages
...by parol evidence. Could he do so legally ? 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.... | |
 | North Carolina. Supreme Court, Samuel Field Phillips - Law reports, digests, etc - 1868 - 670 pages
...a principal. But in legal effect he was not a surety, but a guarantor. 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 liable in the first instance to such payment... | |
 | Law - 504 pages
...it affected by the Statute of Frauds f ANS. A guarantee is a promise, in writing, to be responsible for the payment of some debt, or the performance of some duty in case of the failure of another person primarily liable to such payment or performance. By the 4th section... | |
 | John C. Devereux - Law - 1868 - 444 pages
...allowed vary from four and a half to fifteen per cent. 37. Wliat is a mercantile guaranty f — 121. It is a promise to answer for the payment of some debt or duty, in case of the failure of another person who is in the first instance liable. % 38. What is the... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1874 - 812 pages
...and the endorser, unless it be otherwise plainly expressed, is liable to the holder as surety. IV. 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 primarily liable for such payment or performance; but... | |
 | Franklin Chamberlin - Commercial law - 1869 - 1004 pages
...GUARANTY AND SURETYSHIP. SECTION 1. — Definitions and General Principles. A GUARANTY is defined to be, " a promise to answer for the payment of some debt, or the performance of some duty, iu case of the failure of another person, who is in the first instance liable." The engagement is a... | |
 | Montgomery Hunt Throop - Frauds, Statute of - 1870 - 852 pages
...standard treatises and digests this part of the statute is treated under the head of Guaranty. (i) " 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."... | |
 | Law - 1870 - 1012 pages
...No one else can be i liable upon the bill until he has broken his contract to p»y itis. A guarantee is a promise to answer for the payment of some debt, or the performance of some duty in tha event of the failure of another person who is, in the first instance, liable for such payment or... | |
 | Charles William Smith (professor of elocution.) - 1870 - 74 pages
...nothing more than the probability that the old customers will resort to the old place. Guarantee. — 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,... | |
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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. 
