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. 1894 Excerpt: ...would be bad on the ground of illegality, a subsequent security for the same payment, whether given in pursuance of the original agreement or not, is likewise not enforceable: or, more shortly--5. Any security for the payment of money under an 5. Security unlawful agreement is itself void, even if the giving of the ...
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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. 1894 Excerpt: ...would be bad on the ground of illegality, a subsequent security for the same payment, whether given in pursuance of the original agreement or not, is likewise not enforceable: or, more shortly--5. Any security for the payment of money under an 5. Security unlawful agreement is itself void, even if the giving of the security was not part of the original agreement. uncrf j To this extent at least the principle of Fisher v. Bridges agreement has been repeatedly acted on (y). In Oeere v. Mare (y) a "'J policy of assurance was assigned by deed as a further the security for the payment of a bill of exchange. The bill gre itself was given to secure a payment by way of fraudulent m=ntpreference to a particular creditor, and accepted not by the debtor himself but by a third person. It was held, both on principle and on the authority of Fisher v. Bridges, that the deed could not be enforced. Again in Clay v. Hay (z) two promissory notes were secretly given by a compounding debtor to a creditor for a sum in excess of the amount of the composition. Judgment was obtained in an action on one of these notes. In consideration of proceedings being stayed and the notes given up a third person gave a (z) 1 Sm. L. C. 423. 33 L. J. Ex. 60; Clay v. Ray (1864) (y) Grame v. Wroughton (1855) 17 C. B. N. S. 188. 11 Ex. 146, 24 L. J. Ex. 265; (-) 17 C. B. N. S. 188. Gem v. Mare (1863) 2 H. & C. 339, guaranty to the creditor for the amount: it was held that on this guaranty no action could be maintained. It seems doubtful whether this principle would apply to a security for money payable under an agreement of which the performance was not unlawful, though the agreement, on grounds of public policy, were not enforceable. This is a convenient place to state a rule of...
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Seller's Description:
Very Good. No Jacket. From the collection of Buirski & Herbstein Library with their stamp marks. Publication of 760 pages. There is gilt on the spine of the book. The boards have shelving and handling wear. The pages are slightly 'browned' around the block of the book. The text within the book remains clear and bright. The binding is excellent. In good condition for it age (1894). GK.
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Seller's Description:
Very Good. No Jacket. 8th edition. original burgundy pressed boards are shelf worn and a little marked. gold gilt on the spine. the book has a previous owner's stamp mark. the binding is excellent.
