Page:Black's Law Dictionary (Second Edition).djvu/558

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GROWING CROP

hold, and passes with a sale of it Wilkinson v. Ketler, G9 Aia. 435.

Growing crops of grain, and other nunual productions raised by ciiltivation of the earth and industry of man, are personal chattels. Growing trees, fruit, or grass. and other natural products of the earth, are parcel of the land. Green v. Armstrong, 1 Denlo (N Y.) 550.

GROWTH HALF—PENNY. A rate paid in some places for the tithe of every fat beast, ox, or other unfruitful cattle. Clayt. 92.

GRUARII. The principal officers of a forest.

GRUB STAKE. In mining law. A contract between tno paities by which one undertakes to furnish the necessary provisions, toois, and other supplies, and the other to prospect for and iocate mineral lands and stake out niinlng clahns thereon, the interest In the property thus acquired Inuring to the hcucflt of both parties, either equally or in such proportions as their agreement may flx. Such contrncm create a qualified or special partnership. See Berry v. Wood- biirn. 107 Cal. 512. 40 Pac. SM; Hartney V. Gosling, 10 Wyo. 346, 08 Psic. 1118, 98 Am. St Rep. 1005; Meylette v. Brennan, 20 Colo. 242, 38 Pac. 75.

G U A D I A. pledge Spelman; Calvin. A custom. man. Spelled also “wadia."

In old European law. A Spel-

GUARANTEE. He to whom a guaran- iy is made. This word is also used, as a noun. to denote the contract of guaranty or the ohligation of a guarantor, and, as a verb. to denote the action of assuming the i'esIJonsihilitie.s of a guarantor. But on the general principle of legal orthography,—that the title of the person to whom the action passes over should end in “ee." as “donee," “grautee." “pa_vee_" “bailee," "drawee," etc., —it seems better to rise this word only as the correlative of “guarant.or." and to spell the verb, and also the name of the contract, "2linranty."

GUAEENTIGIO. In Spanish law. A uriiten authorization to a court to enforce the performance of an agreement in the same manner as if It had been decreed upon regular legal proceedings.

GUARANTOR. He who makes a guar- anty.

GUARANTY, v. To undertake collater- ally to answer for the payment of auother's debt or the perfni-iuauce of another's duty, liability or obligation: to assume the respnnsii-ilttv of a guarantor; to warrant. See Guuiaivrr, n.

550

GUARANTY

GUARANTY, n. A promise to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person, who, in the flist instance, is liable to such payment or performance Gallagher v. Nichols. 60 N. Y. 444-, Andrews v. Pope, 126 N. C. 472, 35 S. E. 817: Deming v. Buil. 10 Conn. 400; Reigart v. White, 52 Pa. 438.

A guaranty is an undertaking by one person to be ansuerable for the payment of some debt, or the due perfoi-inance of some contract or duty, by another person, who himself remains liable to pay or perform the same. story, From. Notes, § 457.

A guaranty is a promise to answer for the debt, default, or uliscarriage of another person. Clvil Code Cal. E 27 .

A guaranty is it contract that some particular thing shall be done exactly as it is agreed to be done, whether it is to be done by one III.-lSOl.l or_ another, and whether there be a prior or Erincipai contiactor or not. Redfield v. Height.

7 Conn. 31.

The definition of a “guarnnty," by text-writers. is an undertaking by one person that an- other shaii perform his contract or fulfill his obligation, or that, if he does not, the guarantor wili do it for him. A giiarantor of a bill or note is said to be one who engages that the note shuil be paid, but is not an indorser or surety. Gridiey v. Capen, 72 Ill. 13

Synonyms. The terms guaranty and si¢rct1/- ship are sometimes used interchangeably: but they should not be confounded. The contract of a surety corresponds with that of a guar- antor in many respects: yet important differences exist. The surety is bound with his pricnipal as an original promisor. He is a debtor from the beginning, and must see that the debt is paid, and is held ordinarily to know every default of his princlpai, and cannot protect hilllsl-‘if by the mere lndulgcnce of the cred itor, nor by want of notice of the default of ibi- principal. however such induigence or want of notice may in fact injure him. On the other hnnil, the contract of a guarantor is his own separate contract. It is in the nature of a warranty by him that the thing guarantieil to be done by the principal shall be done. not merely an engusenicnt jointly with the principal to do the thing. The original contract of the pi-'inci- pal is not his contract, and he is not bound to take notice of is non-performance. Therefore the are itor should give him notice; and it is univereaily heid that, if the guarantor can prove that he has suffered dnmage by the failure to give such notice. he will be discharged to the extent of the damage thus sustained. It is not so with a surety. Dnrluim v. ‘llanrow 2 N. Y. 543: Nnding v. I\Ic('-rcgor. 121 Ind. 4&7. 28 N. E. 283, 6 L. R. A. GSfi.

Gua-1-only and wrzrrimty are derived from the some root, and are in fact cty1:nolociciil.l_\- the same word, the “g” of the Norm in F men being interchangeable with the English " They are often used colioquialiv and in coinmercisl transactions as having the same signif- iciition, as where a piece of machinery or the produce of an estate is "guarantied" for a term of years, "warranted" being the more appropri- ate term in such a. case. See Acciiniuiator Co. v. Diibuque St. 1!. Co., 64 Fed. 70. 12 C C. A. 37; Martinez v. Eiirnshaw, 36 W1:ly. . ates Cas. (PIL) 502. A distinction is also sometimes made in commercial usage, by which the term “guaranty" is understood as a coilaterai Wurranty (often a conditionai one) against some do- fanlt or event in the future, while the term “warmnly" is taken as meaning an absolute un-

dertaking in prwscnti, against the defect, or for