A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts

A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834. Excerpt: ... toilieoMi of tlie witnesses pu! to the bill by mistake, or from ignorance, ihi-s:: . instead ol the assignment; the case rests upon this point. Did they put th.eii name.; to tht; oiiginal bill, by the procurement of the oblige, in the absence of t'ue obligors, without thtir redelivery, or did they intend to put their names to the assignment, and by their own mistake, or the mistake of the obligee, put it to that to which they never intended to attest. In the latter case, the plaintiff was entitled to recover. The obligation was rendered void. In the first case, it was void, and no recov ery could be had on it.. (B) By Operation or Law. 1. Ward T. Johnson. Oct. T. 1817. 6 Mumf. Md. Rep, 6. A esr.'imnt lr ('ur' Roane, J. That when an obligee covenants not byihccij:: t0 sue one cf two joint and several obligors, (and much more k.moneof w!"re the obligation is only, not to sue him for a limited time, ) go-s'doe1 's obligation does not amount to a release, but is a covenant noioprr.iti only; and ihat the obligee may still sue the other obligor at as a ri'lensc, and h:: my law. t.ilUue. vide Shotwell v. Miller, where the Court held, that If two are jointly and severally bound, and one pay the obligee one half of the amount, and the obligee give him a bond of indemnity against the other half, the other obligor is not released. 2. W/.ED v. Johnson. Oct. T. 1817. 6 Mumf. Md. 6. S. C. I Mumf. 45; S. P. Baird v. Ricl. 1 Call, 18; ChoughTon v. Doval. 3 Call, 69. A r 'lif j Debt on bond. Ward pleaded that he was suretv in the bond, r?n"oy u'ctna' a confession of judgment, with stay of execution, was givo'-sor, a d en ar-d accepted without his consent, and that he was thereby Hay ofcxe.... Citio"iy discharged. JTVnofuu Held by the Court, (Roane and Cabell, Js., ) th...
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Product details

  • Paperback
  • 189 x 246 x 12mm | 426g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1235600181
  • 9781235600180