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" ... as a security for the payment of a debt or the performance of some... "
Reports of Cases Argued and Determined in the Supreme Judicial Court of the ... - Side x
av Massachusetts. Supreme Judicial Court - 1862
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A Treatise on the Law of Contracts and Rights and Liabilities ..., Volumer 1-2

Charles Greenstreet Addison - 1849 - 686 sider
...is a bailment or delivery of goods and chattels (post, ch. 1 1) by one man to another, to be holden as a security for the payment of a debt or the performance of an engagement, and upon the express or implied understanding that thje thing deposited is to be restored...
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The Law of Mortgages, of Real and Personal Property: Being a ..., Volum 1

Francis Hilliard - 1856 - 720 sider
...which Samuel was to provide for Leonard and his wife. It is a security. And this is a sine qua non of a mortgage. If the instrument be made as a security...the mere form of the instrument is to be regarded. The effect of the instrument will ascertain its legal character." 48. The question has been raised,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 42

Illinois. Supreme Court - 1889 - 618 sider
...believed that such a rule only applies to cases where property is held by the defendant under a lien, and as a security for the payment of a debt, or the performance of some other duty, and the plaintiff in replevin substitutes the replevin bond as security, in lieu of...
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Manual of Common Law and Bankruptcy ...

Josiah William Smith - 1862 - 466 sider
...471-2 ; Tudor Ca, on ML 17, 20, 23-4.) A guaranty is a promise to be responsible Guaranty defined. for the payment of a debt or the performance of a duty, in case another person, who is primarily liable to such payment or performances, fails to pay or perform...
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A Manual of Common Law: Comprising the Fundamental Principles and the Points ...

Josiah William Smith - 1864 - 548 sider
...7 Hurl. & Norm. 934.) . « , « .1 composition A guaranty is a promise to be responsible Guaranty, for the payment of a debt or the performance of a duty, in case another person, who is primarily liable to such payment or performance, fails to pay or perform...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volum 84

Massachusetts. Supreme Judicial Court - 1866 - 688 sider
...substantially agrees with the case of Lanfair v. Lanfair. It was said by the court in that case that, "if the instrument be made as a security for the payment...the mere form, of the instrument is to be regarded." The like view is taken, and fully supported by numerous authorities cited in 1 Washburn on Real Prop....
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The Contract of Pawn: As it Exists at Common Law, and as Modified by the ...

Francis Turner - 1866 - 384 sider
...contract of pledge is a bailment or delivery of goods and chattels by one man to another, to be holden as a security for the payment of a debt or the performance of some engagement, and upon the express or implied understanding that the thing deposited is to be restored...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volum 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 sider
...mortgage does not now pass any estate in the land, but is merely the creation of a specific lien as security for the payment of a debt or the performance of a duty ; and that the statute has taken away the right of the mortgagee to maintain ejectment. All this is...
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The clerk's dictionary of commercial terms

Charles William Smith (professor of elocution.) - 1870 - 74 sider
...because they can always be cashed at the bank. Mortgage. — A conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance. It was called a Mortgage or dead pledge, because, whatever...
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The American Law Register, Volum 10

1871 - 874 sider
...contract of pledge is a bailment or delivery of goods and chattels by one man to another to be holden as a security for the payment of a debt or the performance of an engagement and upon the express or implied understanding that the thing deposited is to be restored...
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