80 F.2d 834 (2nd Cir. 1936), 66, Brulatour v. Aetna Casualty & Surety Co.
... The only methods of termination were set forth in the ninth provision, reading: 'Any suretyship hereunder may be terminated as a whole, or as to ...
Lending and investments: Letters of credit issuance and suretyship and guaranty agreements restrictions,
...Currently, Sec. 545.103 contains various provisions designed to ensure the safety and soundness of surety agreements by Federal savings associations. These safety and soundness concerns are the same ...
- SDCL 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable
Express Blower, Inc. v. Earthcare, LLC, 120910 FED5, 09-31233
... termination of the Lease; it has based all claims on express provisions of the Lease, the Agreement, and the Repurchase Contract in connection ...Earthcare denied the existence of a suretyship and asserted that the sale proceeds of the leased equipment fully ...
- Louisiana Future Advance Mortgages: A 20-Year Retrospective
508 F.3d 327 (6th Cir. 2007), 06-3767, Commercial Money Center, Inc. v. Illinois Union Ins. Co.
... the transaction with Chase/Citibank as most clearly providing a suretyship for the benefit of Chase/Citibank and for waiver of Illinois Union's ... governs, except where documents contain an express choice of law provision to the contrary, because the Policy specified California law and ...
Surety in the 21st century: everything old is new again.
.... This article provides an overview of the suretyship and how it fits into the field of construction law. We will also underline ... work in a good and workmanlike manner, without more specific provisions enlarging this obligation, "assume liability" for damages arising out of ...
555 F.2d 577 (6th Cir. 1977), 76-1249, Federal's Inc. v. Edmonton Inv. Co.
... assignment converted the lease from an executory contract to a suretyship agreement, which is not an executory contract. It is .... ." 11 U.S.C. § 706(4). Relying on this provision, the district court concluded that the rule advanced by Federal's that a ...
New Restatement of Suretyship and Guaranty raises some practical problems.
... first experience with suretyship law may occur when they draft waivers of suretyship defenses.(6) The underlying policy in drafting these provisions and in the structure of the transactions is negotiability. For this reason, the commercial practitioners look favorably on the provisions of the ...
- Rethinking the Doctrine of Nullity
Cashman Equipment Corp. v. United States Fire Ins. Co., 030510 FED3, 08-4289
... Court overlooked the impact of the Contract's choice of law provision upon the interpretation of the Bond Agreement. Although ... impact of a choice of law clause in a principal contract upon a suretyship contract containing no choice of law clause, the Restatement (Second) of ...
18 F.3d 953 (D.C. Cir. 1994), 92-7190, Bechtel & Cole v. Graceland Broadcasting Inc.
... of frauds barred Bechtel from recovering based on an oral suretyship agreement; and that the court erred in admitting testimony regarding ...himself. In these circumstances, the statute of frauds provision on suretyship is wholly inapposite. F. Comments on Tanner, Sr.'s ...
- N.D.C.C. § 26.1-25-16 - Rebates prohibited - Exception
- The French Reform of Contracts: An Opportunity to Tie Together the Community of Civil Lawyers
16 F.2d 847 (4th Cir. 1927), 2519, New Amsterdam Casualty Co. v. United States Shipping Board Emergency Fleet Corp., to Use of United States
... of the property sold, and contained among others the following provisions, which are the ones material to the questions here involved, viz.:. ... reason, in the absence of express provision in the contract of suretyship, the surety is ordinarily not entitled to notice of default. Streeper v. ...
- RCW 18.20.380 - Provision of outside services-Licensee's duty of care/negligence
- The Perils of Primacy: Successor Liability for Lenders Turned Declarants in Louisiana Common Interest Communities
Aptus Co. v. United States, 061406 FEDFED, 05-5165
... that it lacked subject matter jurisdiction because the suretyship claim did not constitute a money-mandating provision under the Tucker Act. ...
504 F.2d 954 (5th Cir. 1974), 73-2756, United States v. Proctor
... arising under either the guaranty agreements or the recording provisions of the Code of Alabama. As to the former, the court ruled that a creditor ... as a source of rights but upon the law of subrogation and suretyship. 3As one ground of decision, United States v. Vince, 270 F.Supp. 591 ...
- Ruminations on the Louisiana Law of Pledge
Annual survey of fidelity and surety law, 1997.
... Supreme Court found itself completely unable to distinguish suretyship from insurance. It declared that the special relationship existing between ... the penal sum of the payment bond was overridden by the bond provision of the ADDUCE contract, which required the contractor and surety to ...
103 F.2d 977 (3rd Cir. 1939), 6858, Aetna Cas. & Sur. Co. v. First Nat. Bank of Weatherly, Pa.
... the opinion the bond in suit in the Collingdale case contained a provision which, considered in conjunction with the schedules, clearly indicated the ... periods, shall not exceed a sum equal to the largest amount of suretyship in force as to such Employee during any period within which any such ...
The Place of the Louisiana Civil Code in the Hispanic Civil Codifications: The Comments to the Spanish Civil Code Project of 1851
I. Introduction II. Nineteenth Century Codification Movements A. Europe B. The United States Of America C. The State Of Louisiana D. Spain III. The Concordancias Of Florencio García Goyena A. Structure Of The Concordancias B. References To The Louisiana Civil Code 1. Direct References 2. General References 3. Cross-References 4. Miscellaneous References 5. Overall Impact C. Influence Of The...
... was a way of ordering the law and replacing the existing provisions with new ones, 13 grouping the different areas of law in an organic, ...( De los compromisos. ). [1730-1732]. Title XVII. Of suretyship. ( De la fianza. ). Chapter I. Of the nature and extent of suretyship. ( ...
857 F.Supp.2d 1356 (CIT 2012), 07-00067, Hartford Fire Ins. Co. v. United States
... obligor is justified in relying.." Restatement (Third) of Suretyship and Guaranty § 12(1) (1996). 4 An obligee's failure to disclose facts ... of the investigation falls squarely within the § 552(a)(3) provision for disclosure upon request and is potentially barred from disclosure by ...
Fidelity and Deposit Company of Maryland v. Edward E. Gillen Co., 060319 FED7, 18-2144
...Mann, Exoneration. and Quia Timet, in The Law of Suretyship" 455,. 457 (Edward G. Gallagher ed., 2d ed. 2000). . . \xC2"... express indemnification provision, a 584-word. collateralization provision (remarkably, all one ...