Page:Black's Law Dictionary (Second Edition).djvu/962

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PROMISE. A declaration, verbal or certain lnhmoneyae either dto ‘hie heairer oBr :9 written made by one person to another for 5 F9130’-‘_ l,_ 91'9"‘ , Slgmlli ‘"5 5 “T 91- "1 a good’or valuable consideration in the na- Ohm’ Bms & IV’ 3"‘ 2'1‘ ture of a covenant by which the promlsor As to promissory “Oath," “Representa-

binds himself to do or forbear some act, and gives to the promisee a legal right to de— m::md and enforce a fulfillment. See Taylor v. Miller, 113 N. C. 340, 18 S. E. 504', New- conib v. Cinrk, 1 Dcnlo (N. Y.) 228: Foiite v. Bacon, 2 Cush (Miss.) 164; U. S. v. Bal- tic Mills 00., 124 Fed. 41, 59 C. O. A. $8.

“Promise" is to be distinguished, on the one band, from a mere declaration of intention in- volving no engagement or nssurance as to the future; and, on the other, from “agreement," which is an obligation arising upon reciprocal promises, or upon a promise founded on a consideration. Abbott.

“Fictitious promises," sometimes called "implied promises," or "promises implied in isw.” occur in the case of those contracts which were invented to enable persons in certain cases to take advantage of the old rules or pleading peculiar to contracts, and which are not now of practical importance. Sweet.

—1Vl.'ntnal promises. Promises simultaneously made by and between two parties: each bi.» ing the consideration for the other.—Naked promise. One given without any consideration, equivalcnt, or reciprocal obligation, and for that reason not enforceable at law. See Ai-end v. Smith, 151 N. Y. 502, 45 N. E. 872. —New promise. An undertaking or promise, based upon and having relation to a former promise which, for some reason, can no longer be enforced, whereby the promisor recognize! and revives such former promise and engages to fulfill it.—Paro1 promise. A simple contract; ii verbal promise. 2 Staph. mm. 109.—Promise of marriage. A contract mutually entered into by 11 man and a woman that they will marry each other.

PROMISEE. One to whom a promise has been made.

PROMISOB. One who makes a promise.

PROMISSOB. Lat. In the civil law. A proniiser; properly the party who undertook to do a thing in answer to the interrogation of the other party, who was called the "stipiilator."

PROMISSORY. Containing or consisting of a promise; in the nature of a promise; stipulating or engaging for a future act or course of conduct.

—Pi-omissory note. A promise or engagement, in writing. to pay a specified sum at a. time therein limited, or on demand, or at sight, to a person thercin named, or to his order, or bearer. Bvles. Bills, 1 4; Hall v. Farmer,

' 484. A promissory note is a written promise made by one or more to pay an- other, or order, or bearer, at a specified time, a specific amount of money, or other articles of value. Code Ga. 1882. § 2774. A prom — sory note is an instrument negotiable in form, whereby the signer promises to pay a specified sum of money._ Civ. Code Cal. § 3244. An ucnonditional written promise, signed by the mak- er, to pay absolutely and at all events a sum

tion," and ‘‘Warranty, see those titles.

PROMOTERS. In the law relating to corporations, those persons are called the “promoters" of a company who first associate themselves together for the purpose oi organizing the company, imuing its pro- spectus, procuring subscriptions to the stock. securing a charter, etc. See Diclierman v. Northern Trust 00.. 176 U. S. 181, 20 Sup. Ct 311, 44 L. Ed. 423; Bosher v. Rich- mond & E. Land 03., 89 Va. 455. 16 S. E. 360, 37 Am. St. Rep. 879; Yale Gas Store Co. v. Wilcox, 64 Conn. 101, 29 Atl. 303. 25 L. R. A. 90. 42 Am. St. Rep. 159; Densmore Oil Co. v. Dcnsmore, 64 Pa. 49.

In English practice. Those persons who. in popular and penal actions, prosecute ot- fenders in their own names and that of the king, and are thereby entitled to part of the lines and penalties for their pains, are cnlleul "promoters." Brown.

The term is also applied to a party who puts in motion an ecclesiastical tribunal. for the purpose of correcting the manners of any person who has violated the laws ecde siastical; and one who takes such a course is said to “promote the office of the judge." See Mozley 8: Whitley.

1=noMovi'-:N'r. A plaintiff In a suit oi duplea: querela, (q. 1;.) 2 Proh. Div. 192.

PROMULGARE. Lat. In Roman law. To make public; to make publicly known.‘ to promulgate. To publish or make known a law, after its enactment

PEOIVIULG-ATE. To publish; to announce officiiilly: to make public as important or obligatory. See Wooden v. Western New York & P. R. Co. (Super. Ct.) 18 N. Y Supp. 769.

PBOMULGATION. The order given it cause a law to be executed, and to make ii public; it differs from publication. 1 Bl Comm. 45.

PROMUTUUM. Lat. In the civil law. A quasi contract, by which he who receives a certain sum of money, or a certain quantity of fungible things, which have been paid to him through mistake, contracts towards the payer the obligation of returning him as much. Poth. de l'Usure, pt. 3, s. 1, a. 1

PBONEI-‘OS. Lat. in the civil law. A great-grandson. Inst. 3, 6, 1; Bract. Eoi. 67

PRONEPTIS. Lat. In the civil law. A great-granddaughter. Inst 8, 6, 1; Bract

fol. 67.