| slovo | definícia |
surety
(encz) | surety,jistota n: RNDr. Pavel Piskač |
surety
(encz) | surety,ručení n: RNDr. Pavel Piskač |
surety
(encz) | surety,záruka n: Zdeněk Brož |
Surety
(gcide) | Surety \Sure"ty\, n.; pl. Sureties. [OE. seurte, OF.
se["u]rt['e], F. s[^u]ret['e]. See Sure, Security.]
1. The state of being sure; certainty; security.
[1913 Webster]
Know of a surety, that thy seed shall be a stranger
in a land that is not theirs. --Gen. xv. 13.
[1913 Webster]
For the more surety they looked round about. --Sir
P. Sidney.
[1913 Webster]
2. That which makes sure; that which confirms; ground of
confidence or security.
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[We] our happy state
Hold, as you yours, while our obedience holds;
On other surety none. --Milton.
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3. Security against loss or damage; security for payment, or
for the performance of some act.
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There remains unpaid
A hundred thousand more; in surety of the which
One part of Aquitaine is bound to us. --Shak.
[1913 Webster]
4. (Law) One who is bound with and for another who is
primarily liable, and who is called the principal; one who
engages to answer for another's appearance in court, or
for his payment of a debt, or for performance of some act;
a bondsman; a bail.
[1913 Webster]
He that is surety for a stranger shall smart for it.
--Prov. xi.
15.
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5. Hence, a substitute; a hostage. --Cowper.
[1913 Webster]
6. Evidence; confirmation; warrant. [Obs.]
[1913 Webster]
She called the saints to surety,
That she would never put it from her finger,
Unless she gave it to yourself. --Shak.
[1913 Webster] |
Surety
(gcide) | Surety \Sure"ty\, v. t.
To act as surety for. [Obs.] --Shak.
[1913 Webster] |
surety
(wn) | surety
n 1: something clearly established
2: property that your creditor can claim in case you default on
your obligation; "bankers are reluctant to lend without good
security" [syn: security, surety]
3: a prisoner who is held by one party to insure that another
party will meet specified terms [syn: hostage, surety]
4: one who provides a warrant or guarantee to another [syn:
guarantor, surety, warrantor, warranter]
5: a guarantee that an obligation will be met [syn: security,
surety] |
SURETY
(bouvier) | SURETY, contracts. A person who binds himself for the payment of a sum of
money or for the performance of something else, for another, who is already
bound for the same. A surety differs from a guarantor, and the latter cannot
be sued until after a suit against the principal. 10 Watts, 258.
2. The surety differs from bail in this, that the latter actually has,
or is by law presumed to have, the custody of his principal, while the
former has no control over him. The bail may surrender his principal in
discharge of his obligation; the surety cannot be discharged by such
surrender.
3. In Pennsylvania it has been decided that the creditor is bound to
sue the principal when requested by the surety, and the debt is due; and
that when proper notice is given by the surety that unless the principal be
sued, be will consider himself discharged, he will be so considered, unless
the principal be sued. 8 Serg. & Rawle, 116; 15 Serg. & Rawle, 29, 30; S. P.
in Alabama, 9 Porter, R. 409. But in general a creditor may resort to the
surety for the payment of his debt in the first place, without applying to
the principal. 1 Watts, 28O; 7 Ham. part 1, 223. Vide Bouv. Inst. Index,
h.t.; Contribution; Contracts; Suretyship.
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| | podobné slovo | definícia |
surety bond
(encz) | surety bond, n: |
Cosurety
(gcide) | Cosurety \Co*sure"ty\ (k?-sh?r"t?; 136), n.; pl. Cosureties
(-t?z).
One who is surety with another.
[1913 Webster] |
Counter surety
(gcide) | Counter \Coun"ter\, a.
Contrary; opposite; contrasted; opposed; adverse;
antagonistic; as, a counter current; a counter revolution; a
counter poison; a counter agent; counter fugue. "Innumerable
facts attesting the counter principle." --I. Taylor.
[1913 Webster]
Counter approach (Fort.), a trench or work pushed forward
from defensive works to meet the approaches of besiegers.
See Approach.
Counter bond (Law), in old practice, a bond to secure one
who has given bond for another.
Counter brace. See Counter brace, in Vocabulary.
Counter deed (Law), a secret writing which destroys,
invalidates, or alters, a public deed.
Counter distinction, contradistinction. [Obs.]
Counter drain, a drain at the foot of the embankment of a
canal or watercourse, for carrying off the water that may
soak through.
Counter extension (Surg.), the fixation of the upper part
of a limb, while extension is practiced on the lower part,
as in cases of luxation or fracture.
Counter fissure (Surg.) Same as Contrafissure.
Counter indication. (Med.) Same as Contraindication.
Counter irritant (Med.), an irritant to produce a blister,
a pustular eruption, or other irritation in some part of
the body, in order to relieve an existing irritation in
some other part. "Counter irritants are of as great use in
moral as in physical diseases." --Macaulay.
Counter irritation (Med.), the act or the result of
applying a counter irritant.
Counter opening, an aperture or vent on the opposite side,
or in a different place.
Counter parole (Mil.), a word in addition to the password,
given in time of alarm as a signal.
Counter plea (Law), a replication to a plea. --Cowell.
Counter pressure, force or pressure that acts in a contrary
direction to some other opposing pressure.
Counter project, a project, scheme, or proposal brought
forward in opposition to another, as in the negotiation of
a treaty. --Swift.
Counter proof, in engraving, a print taken off from another
just printed, which, by being passed through the press,
gives a copy in reverse, and of course in the same
position as that of plate from which the first was
printed, the object being to enable the engraver to
inspect the state of the plate.
Counter revolution, a revolution opposed to a former one,
and restoring a former state of things.
Counter revolutionist, one engaged in, or befriending, a
counter revolution.
Counter round (Mil.), a body of officers whose duty it is
to visit and inspect the rounds and sentinels.
Counter sea (Naut.), a sea running in an opposite direction
from the wind.
Counter sense, opposite meaning.
Counter signal, a signal to answer or correspond to
another.
Counter signature, the name of a secretary or other officer
countersigned to a writing. --Tooke.
Counter slope, an overhanging slope; as, a wall with a
counter slope. --Mahan.
Counter statement, a statement made in opposition to, or
denial of, another statement.
Counter surety, a counter bond, or a surety to secure one
who has given security.
Counter tally, a tally corresponding to another.
Counter tide, contrary tide.
[1913 Webster] |
Nonsurety
(gcide) | Nonsurety \Non*sure"ty\, n.
Insecurity. [Obs.]
[1913 Webster] |
Surety
(gcide) | Surety \Sure"ty\, n.; pl. Sureties. [OE. seurte, OF.
se["u]rt['e], F. s[^u]ret['e]. See Sure, Security.]
1. The state of being sure; certainty; security.
[1913 Webster]
Know of a surety, that thy seed shall be a stranger
in a land that is not theirs. --Gen. xv. 13.
[1913 Webster]
For the more surety they looked round about. --Sir
P. Sidney.
[1913 Webster]
2. That which makes sure; that which confirms; ground of
confidence or security.
[1913 Webster]
[We] our happy state
Hold, as you yours, while our obedience holds;
On other surety none. --Milton.
[1913 Webster]
3. Security against loss or damage; security for payment, or
for the performance of some act.
[1913 Webster]
There remains unpaid
A hundred thousand more; in surety of the which
One part of Aquitaine is bound to us. --Shak.
[1913 Webster]
4. (Law) One who is bound with and for another who is
primarily liable, and who is called the principal; one who
engages to answer for another's appearance in court, or
for his payment of a debt, or for performance of some act;
a bondsman; a bail.
[1913 Webster]
He that is surety for a stranger shall smart for it.
--Prov. xi.
15.
[1913 Webster]
5. Hence, a substitute; a hostage. --Cowper.
[1913 Webster]
6. Evidence; confirmation; warrant. [Obs.]
[1913 Webster]
She called the saints to surety,
That she would never put it from her finger,
Unless she gave it to yourself. --Shak.
[1913 Webster]Surety \Sure"ty\, v. t.
To act as surety for. [Obs.] --Shak.
[1913 Webster] |
Suretyship
(gcide) | Suretyship \Sure"ty*ship\, n.
The state of being surety; the obligation of a person to
answer for the debt, default, or miscarriage of another.
--Bouvier.
[1913 Webster] |
Unsurety
(gcide) | Unsurety \Un*sure"ty\, n.
Want of surety; uncertainty; insecurity; doubt. [Obs.] --Sir
T. More.
[1913 Webster] |
surety bond
(wn) | surety bond
n 1: a bond given to protect the recipient against loss in case
the terms of a contract are not filled; a surety company
assumes liability for nonperformance [syn: {performance
bond}, surety bond] |
SURETY
(bouvier) | SURETY, contracts. A person who binds himself for the payment of a sum of
money or for the performance of something else, for another, who is already
bound for the same. A surety differs from a guarantor, and the latter cannot
be sued until after a suit against the principal. 10 Watts, 258.
2. The surety differs from bail in this, that the latter actually has,
or is by law presumed to have, the custody of his principal, while the
former has no control over him. The bail may surrender his principal in
discharge of his obligation; the surety cannot be discharged by such
surrender.
3. In Pennsylvania it has been decided that the creditor is bound to
sue the principal when requested by the surety, and the debt is due; and
that when proper notice is given by the surety that unless the principal be
sued, be will consider himself discharged, he will be so considered, unless
the principal be sued. 8 Serg. & Rawle, 116; 15 Serg. & Rawle, 29, 30; S. P.
in Alabama, 9 Porter, R. 409. But in general a creditor may resort to the
surety for the payment of his debt in the first place, without applying to
the principal. 1 Watts, 28O; 7 Ham. part 1, 223. Vide Bouv. Inst. Index,
h.t.; Contribution; Contracts; Suretyship.
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SURETY OF THE PEACE
(bouvier) | SURETY OF THE PEACE, crim. law. A security entered into before. Some
competent court or officer, by a party accused, together with some other
person, in the form of recognizance to the commonwealth in a certain sum of
money, with, a condition that the accused shall keep the peace towards all
the citizens of the commonwealth. A security for good behaviour is a similar
recognizance with a condition that the accused shall be of good behaviour.
2. This security may be demanded by a court or officer having
jurisdiction from all persons who threatened to kill or to, injure others,
or who by their acts give reason to believe they will commit a breach of the
peace. And even after an acquittal a prisoner may be required to give
security of the peace or good behaviour, when the circumstances of the case
justify a court in believing the public good requires it. 2 Yeates, R. 437
Bac. Ab. h.t.; 1 Binn. R. 98, note; Com. Dig. h.t.; Yin. Ab. h.t.; Bl. Com.
B. 4, c. 18, p. 251.
3. To obtain surety to keep the peace, the party requiring it must
swear or affirm be fears a present or future danger, and not merely swear or
affirm to a breach of the peace which is past; it is usual, however, to
state such injuries, and when the circumstances warrant it, a threat of
their repetition, as a legitimate ground for fearing future injury, which
fear must always be stated. 1 Chit. Pr. 677.
4. A recognizance to keep the peace is forfeited only by an actual
attack or threat of bodily harm, or burning a house, and the like, but not
by bare words Of h an choler. Hawk. h. 1, c. 60, s. 2. Vide Good Behaviour.
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SURETYSHIP
(bouvier) | SURETYSHIP, contracts. An accessory agreement by which a person binds
himself for another already bound, either in whole or in part, as for his
debt, default or miscarriage.
2. The person undertaken for must be liable as well as the person
giving the promise, for otherwise the promise would be a principal and not a
collateral agreement, and the prommissor would be liable in the first
instance; for example, a married woman would. Not be liable upon her
contract, and the person who should become surety for her that she would
perform it would be responsible as a principal and not as a surety. Pitm. on
P. & S. 13; Burge on Sur. 6; Poth. Ob. n. 306. If a Person undertakes as a
surety when he knows the obligation, of the principal is void, he becomes a
principal: 2 Id. Raym. 1066; 1 Burr. 373.
3. As the contract of suretyship must relate to the same subject as the
principal obligation, it follows that it must not be of greater extent or
more onerous' either in its amount, or in the time or manner, or place of
performance, than such principal obligation; and if it so exceed, ii will be
void, as to such excess. But the obligation of the surety may be less
onerous, both in its amount, and in the time, place and manner of its
performance, that of the principal debtor; it may be for a less amount, or
the time may be more protracted. Burge, on Sur. 4, 5.
4. The contract of suretyship may be entered into by all persons who
are sui juris, and capable of entering into other contracts. See Parties to
contracts.
5. It must be made upon a sufficient consideration. See Consideration.
6. The contract of suretyship or guaranty, requires a present agreement
between the contracting parties; and care must be taken to observe the
distinction between an actual guaranty, and an offer to guaranty at a future
time; when an offer is made, it must be accepted before it becomes binding.
1 M. & S. 557; 2 Stark. 371; Cr. M. & Ros. 692.
7. Where the statute of frauds, 29 Car. II., c. 3, is in force, or its
principles have been adopted, the contract of suretyship "to answer for the
debt, default or miscarriage of another person," must be in writing, &c.
8. The contract of suretyship is discharged and becomes extinct, 1st.
Either by the terms of the contract itself. 2d. By the acts to which both
the creditor and principal alone are parties. 3d. By the acts of the
creditor and sureties. 4th. By fraud. 5th. By operation of law.
9.-Sec. 1. When by his contract the surety limits the period of time
for which he is willing to be responsible, it is clear he cannot be held
liable for a longer period; as when he engages that an officer who is
elected annually shall faithfully perform his duty during his continuance in
office; his obligation does not extend for the performance of his duty by
the same officer who may be elected for a second year. Burge on Sur. 63,
113; 1 McCord, 41; 2 Campb. 39; 3 Ad. & Ell. N. S. 276; 2 Saund. 411 a; 6
East, 512; 2 M. & S. 370; New R. (5 B. & P.) 180; 2 M. & S. 363; 9 Moore,
102.
10.-Sec. 2. The contract of suretyship becomes extinct or discharged by
the acts of the principal and of the creditor without any act of the surety.
This may be done, 1. By payment, by the principal. 2. By release of the
principal. 3. By tender made by principal to the creditor. 4. By compromise.
5. By accord and satisfaction. 6. By novation. 7. By delegation. 8. By set-
off. 9. By alteration of the contract.
11.-1. When the principal makes payment, the sureties are immediately
discharged, because the obligation no longer exists. But as payment is the
act of two parties, the party tendering the debt and the party receiving it,
the money or thing due must be accepted. 7 Pick 88; 4 Pick. 83; 8 Pick. 122.
See Payment.
12.-2. As the release of the principal discharges the obligation, the
surety is also discharged by it.
13.-3. A lawful tender made by the principal or his authorized agent,
to the creditor or his authorized agent, will discharge the surety. See. 2
Blackf. 87; 1 Rawle, 408; 2 Fairf. 475; 13 Pet. 136.
14.-4. When the creditor and principal make a compromise by which the
principal is discharged, the surety is also discharged. 11 Ves. 420; 3 Bro.
C. C. 1; Addis. on Contr. 443.
15.-5. Accord and satisfaction between the principal and the creditor
will discharge the surety, as by that the whole obligation becomes extinct.
See Accord and satisfaction.
16.-6. It is evident that a simple novation, or the making a new
contract and annulling the old, must, by the destruction of the obligation,
discharge the surety.
17.-7. An absolute delegation, where the principal procures another
person to assume the payment upon condition that he shall be discharged,
will have the effect to discharge the surety. See Delegation.
18.-8. When the principal has a just set-off to the whole claim of the
creditor, the surety is discharged.
19.-9. If the principal and creditor change the nature of the contract,
so that it is no longer the same, the surety will be discharged; and even
extending the time of payment, without the consent of the surety, when the
agreement to give time is founded upon a valuable consideration, is such an
alteration of the contract as discharges the surety. See Giving Time.
20.-Sec. 3. The contract is discharged by the acts of the creditor and
surety, 1. By payment made by the surety. 2. By release of the surety by the
creditor. 3. By compromise between them. 4. By accord and satisfaction. 5.
By set off.
21.-Sec. 4. Fraud by the creditor in relation to the obligation of the
surety, or by the debtor with the knowledge or assent of the creditor, will
discharge the liability of the surety. 3 B. & C. 605; S. C. 6 Dowl. & Ry.
505; 6 Bing. N. C. 142.
22.-Sec. 5. The contract of suretyship is discharged by operation of
law, 1. By confusion. 2. prescription, or the act of limitations. 3. By
bankruptcy.
23.-1. The contract of suretyship is discharged by confusion or merger
of rights; as, where the obligee marries the obligor. Burge on Sur. 256; 2
Ves. p. 264; 1 Salk. 306; Cro. Car. 551.
24.-2. The act of limitations or prescription is a perfect bar to a
recovery against a surety, after a sufficient lapse of time, when the
creditor was sui juris and of a capacity to sue.
25.-3. The discharge of the surety under the bankrupt laws, will put an
end to his liability, unless otherwise provided for in the law.
26. The surety has the right to pay and discharge the obligation the
moment the principal is in default, and have immediate recourse to his
principal. He need not wait for the commencement of an action, or the issue
of legal process, but he cannot accelerate the liability of the principal,
and if he pays money voluntarily before the time of payment arrives, he will
have no cause of action until such time, or if he pays after the principal
obligation has been discharged, when he was under no obligation to pay, he
has no ground of action,.
27. Co-sureties are in general bound in solido to pay the debt, when
the principal fails, and if one be compelled to pay the whole, he may demand
contribution from the rest, and recover from them their several proportions
of their common liability in an action for money paid by him to their use. 6
Ves. 807; 12 M. & W. 421 8 M. & W. 589; 4 Scott, N. S. 429. See, generally,
15 East, R. 617; Yelv. 47 n.; 20 Vin. Ab. 101; 1 Supp. to Ves. jr. 220, 498,
9; Ayliffe's Pand. 559; Poth. Obl. part 2, c. 6; 1 Bell's Com. 350, 5th ed.;
Giting time; Principal; Surety.
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