An Analytical Digest of the Cases Published in the New Series of the Law Journal Reports And Other Reports : of Decisions in the Courts of Common Law And Equity, in the Ecclesiastical And Admiralty Courts, By the House of Lords, the Privy Council, And Ele

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The guarantie was in these terms : — " In consideration of your having this day advanced to our client, Mr. V D, of &c., 7501., secured by his warrant of attorney, payable on the 22nd of August next, we hereby jointly and seve- rally undertake to pay the same on default, &c.
Dated this 22nd day of June 184-0. Yours, Sc, GUARANTIE— HABEAS CORPUS.
307 S & M." On objection, that the declaration varied from the guarantie,^He]d, first, that no amendment was necessary ; secondly, that evidence was ad
...missible to shew that the guarantie had, in fact, been executed on the 22nd of June, simultane- ously with the payment of the money by the plain- tiff to the party guaranteed. Goldshede v. Swan, 16 Law J. Rep. (n.s.) Exoh. 284; 1 Exch. Rep. 154.
To assumpsit on a guarantie, the defendant pleaded, that the guarantie was given by him on certain terms, which limited the liability of him the defendant thereunder, and the plaintiff traversed this plea :-^Held, that, in this state of the record, the plaintiff was not at liberty to object to the admis- sibility of evidence to prove what those terms were, on the ground that (hey were not shewn to have been reduced into writing.


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