The Law of SubrogationSoule and Bugbee, 1882 - 327 стор. |
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Загальні терміни та фрази
acceptances acceptor afterwards Allen Mass amount Antea applied Bank Barb bill in equity bond claim co-sureties compelled to pay Conn contribution conveyance court of equity creditor Creditor's Right Cush devisee discharged drawer enforce entitled equitable lien equity of redemption execution extinguished favor fund gagee grantee Gratt Gray Mass hold holder Ills incumbrance indebtedness indemnify indemnity indorser insolvent insured Iowa joint debtors Jones land latter legatees Leigh liability lien loss maker melodeon ment mort mortgage mortgage given mortgage-debt mortgaged premises mortgaged property mortgagor N. J. Eq Ohio St original obligation owner paid Paige N. Y. pay the debt pay the whole plaintiff principal debtor pro tanto proceeds promissory note protection purchase-money purchaser real estate recover reimbursement Reinback release remedies right of subrogation rogated Securities held Smith sold subsequent substituted supra surety suretyship Tenn testator thereof trust vendor whole debt Wisc
Популярні уривки
Сторінка 159 - ... proper indemnity, to use the name of the creditor in any action or other proceeding at law or in equity, in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty, and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him...
Сторінка 281 - I have been able to learn its history, it never has been so applied. If one with the perfect knowledge of the facts will part with his money, or bind himself by his contract in a sufficient consideration, any rule of law which would restore him his money or absolve him from his contract would subvert the rules of social order. It has been directed in its application exclusively to the relief of those that were already bound who could not but choose to abide the penalty.
Сторінка 159 - ... or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, •whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty, and such person shall be entitled to stand in the place of the creditor...
Сторінка 281 - ... person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect. In other cases the demand of a creditor which is paid with the money of a third person, and without any agreement that the security shall be assigned or kept on foot for the benefit of such third person, is absolutely extinguished.
Сторінка 104 - A surety,' to use the language of Sir Samuel Romilly's reply, ' will be entitled to every remedy which the creditor has against the principal debtor, to enforce every security and all means of payment ; to stand in the place of the creditor, not only through the medium of contract, but even by means of securities, entered into without the knowledge of the surety ; having a right to have those securities transferred to him, though there was no stipulation for that, and to avail himself of all those...
Сторінка 159 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding at law or .in equity, in order to obtain from the principal debtor...
Сторінка 97 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Сторінка 280 - The doctrine of subrogation is not applied for the mere stranger or volunteer who has paid the debt of another without any assignment or agreement for subrogation, being under no legal obligation to make the payment, and not being compelled to do so for the preservation of any rights or property of his own.
Сторінка 103 - The rule here is undoubted, and it is one founded on the plainest principles of natural reason and justice, that the surety paying off a debt shall stand in the place of the creditor, and have all the rights which he has for the purpose of obtaining his reimbursement. It is hardly possible to put this right of substitution too high ; and the right results more from equity than from contract or quasi contract, unless in so far as the known equity may be supposed to be imported into any transaction,...
Сторінка 12 - In short, the doctrine of subrogation is that one who has been compelled to pay a debt which ought to have been paid by another is entitled to exercise all the remedies which the creditor possessed against that other, and to indemnity from the fund out of which should have been made the payment which he made.