Georgia Reports Volume 15

Georgia Reports Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ... future sums "is a good consideration to support a promise to guarantee not-merely future, but past advances; that the contract cannot The divided, so as to leave one, part of the guarantee without =consideration; that the whole constitutes one agreement, and the consideration goes to all. As-to the latter proposition, there could be no answer to it, if the instrument had expressly 'guaranteed past and future advances, in eonsz'deratz'on of advances to be made. But, on the contrary, not only is no such agreement expressed, but none such can be collected from the instrument. The other is much the most reasonable conjecture. The probable inducement operatingjon the mind of Sampson Butler, to give this guarantee, being the support of Nash Buttler, generally, in his business, which might require both indulgence for the existing debt, as well as future accommodation. For, it would have been of little advantage to have provided for future advances, if Nash Buttler had been sued immediately for the old balance. Destruction of his commercial credit would have been the inevitable consequence. 4. If there were, therefore, in the instrument, any thing which would indicate that forbearance on the existing debt, ' entered into the consideration, we would gladly seize on it to uphold the agreement in toto. But the language of the instrument is too unambiguous to allow this. He simply promises "to pay the debt now due, and all-further liabilities for goods purchased, not to exceed $2500 at the termination of the year." We are left entirely to guess, as to the consideration which induced this promise; we cannot sufiiciently see what it is. It is not pretended that there is any engagement here to forbear suing on the past...show more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123676496X
  • 9781236764966