A Digest of the Principles and Practice of Common Law, Conveyancing, Equity, Bankruptcy and Criminal Law, Vol. 1 (Classic Reprint) - Softcover

Anderson, Charles Henry

9781332941285: A Digest of the Principles and Practice of Common Law, Conveyancing, Equity, Bankruptcy and Criminal Law, Vol. 1 (Classic Reprint)

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ISBN 10: 1332941281 ISBN 13: 9781332941285

Verlag: Forgotten Books, 2018

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Excerpt from A Digest of the Principles and Practice of Common Law, Conveyancing, Equity, Bankruptcy and Criminal Law, Vol. 1

Page 14. Q. If an agent agrees to act for a. Firm in partnership for a term of years, is the contract dissolved by the death of one of the partners during the term?

A. The partnership is dissolved by the death of one of the firm, therefore the authority of the agent also determines. Chit. Cont.

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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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Excerpt from A Digest of the Principles and Practice of Common Law, Conveyancing, Equity, Bankruptcy and Criminal Law, Vol. 1

A. As a general rule, the parties interested only can sue upon a guarantee. In other words, the parties from whom the considera tion moves must be plaintiffs. Thus, if A gives a guarantee to B and C, for a debt due to them by D, in consideration that B and C will forbear to sue D, the consideration is the inconvenience B and C are put to by forbearing to proceed. A benefit is also conferred upon D by an act moving from B to C. They must, therefore, sue any other parties would be strangers to the consideration. From this it will be obvious that a guarantee given to persons not interested would be useless, excepting in the case of principal and agent. For if the guarantee were given to agents, the principal, if disclosed, could sue, or if undisclosed, the principal or the agents might sue. Also, if a guarantee is given to one partner, the whole firm may sue upon it, if there be evidence that it was given for the benefit of all. This, too, is on the principle of agency. Chit. Cont., 53 Bullen Leake, 198 Sm. Mere. Law, 155.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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