The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 19 (1889-1890)
The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 19 (1889-1890)
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To quickly assess the difficulty of the text, read a short excerpt:
Lord Hatherley in his judgment points out that the question is whether the guarantor means, " I will be liable for £250 of the amount which A. B. shall owe you," or "I will be liable for the amount which A. B. shall owe you, subject to this limitation that 1 shall not be called on to pay more than £250." In the former case the surety, being answerable for a particular part of the debt which he pays, is entitled on payment of that part of the debt to stand in the creditor's shoes with regard to ...it, and to receive the dividend and rank upon the estate in regard to it ; in the latter case he is surety for the whole debt, but his liability is limited, and he is not entitled to rank until he has paid the whole debt. The distinction is fur- ther illustrated and all the cases collected in Ellis v.
Emmanuel, 1 Ex. D. 157.
The guaranty in question must be taken to be a guar- 30— VOL. XIX. O.R.
Digitized byVjOOQlC 234 THE ONTARIO REPORTS. [VOL, Judgment, antee, not of a paiii, but of the whole of the debt due Street, J.
What to read after The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 19 (1889-1890)?
You can find similar books in the "Read Also" column, or choose other free books by Ontario. High Court of Justice to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Lord Hatherley in his judgment points out that the question is whether the guarantor means, " I will be liable for £250 of the amount which A. B. shall owe you," or "I will be liable for the amount which A. B. shall owe you, subject to this limitation that 1 shall not be called on to pay more than £250." In the former case the surety, being answerable for a particular part of the debt which he pays, is entitled on payment of that part of the debt to stand in the creditor's shoes with regard to ...it, and to receive the dividend and rank upon the estate in regard to it ; in the latter case he is surety for the whole debt, but his liability is limited, and he is not entitled to rank until he has paid the whole debt. The distinction is fur- ther illustrated and all the cases collected in Ellis v.
Emmanuel, 1 Ex. D. 157.
The guaranty in question must be taken to be a guar- 30— VOL. XIX. O.R.
Digitized byVjOOQlC 234 THE ONTARIO REPORTS. [VOL, Judgment, antee, not of a paiii, but of the whole of the debt due Street, J.
What to read after The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 19 (1889-1890)?
You can find similar books in the "Read Also" column, or choose other free books by Ontario. High Court of Justice to read onlineMoreLess
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