Cases On the Law of Suretyship, Selected From Decisions of English And American Courts
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972 ; Lyman v. Railroad, 66 N. H. 200, 203, 20 Atl. 976, 11 L. R. A. 364. See, also, Beebe v. Dudley, 26 N. H. 249, 59 Am. Dec. 341; Dearborn v. Sawyer, 59 N. H. 95, 97;Howland v.
Currier, 69 N. H. 202, 203, 44 Atl. 106.
Exceptions overruled.
WAI.KER, J., did not sit. The others concurred.*' *» Tfie duty of the creditor in a contract of guaranty to exhaust his rem- edy against the principal before suing the guarantor seems to be Imported from the civil law, where this duty (called "excussion") ...exists in favor of both sureties and guarantors unless the contract expressly waives beneficium excussionls.
The civil law cases, showing what Is and what is not excussion, are per- haps useful analogies.
See Meyer v. Coetzee, 4 South African Republic Reports (Transvaal) 252 (1892) ; Bethlehem v. Lietsman, Cape of Good Hope Reports, 1908, p. 367.
The expression "guaranty of payment" is held to create a suretyship.
"There Is a plain distinction between a guaranty of payment and a guaranty of collection.
What to read after Cases On the Law of Suretyship, Selected From Decisions of English And American Courts?
You can find similar books in the "Read Also" column, or choose other free books by Crawford Dawes Hening to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
972 ; Lyman v. Railroad, 66 N. H. 200, 203, 20 Atl. 976, 11 L. R. A. 364. See, also, Beebe v. Dudley, 26 N. H. 249, 59 Am. Dec. 341; Dearborn v. Sawyer, 59 N. H. 95, 97;Howland v.
Currier, 69 N. H. 202, 203, 44 Atl. 106.
Exceptions overruled.
WAI.KER, J., did not sit. The others concurred.*' *» Tfie duty of the creditor in a contract of guaranty to exhaust his rem- edy against the principal before suing the guarantor seems to be Imported from the civil law, where this duty (called "excussion") ...exists in favor of both sureties and guarantors unless the contract expressly waives beneficium excussionls.
The civil law cases, showing what Is and what is not excussion, are per- haps useful analogies.
See Meyer v. Coetzee, 4 South African Republic Reports (Transvaal) 252 (1892) ; Bethlehem v. Lietsman, Cape of Good Hope Reports, 1908, p. 367.
The expression "guaranty of payment" is held to create a suretyship.
"There Is a plain distinction between a guaranty of payment and a guaranty of collection.
What to read after Cases On the Law of Suretyship, Selected From Decisions of English And American Courts?
You can find similar books in the "Read Also" column, or choose other free books by Crawford Dawes Hening to read onlineMoreLess
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