obligor
n . 义务人,债务人
义务人,债务人
Obligor \
Ob `
li *
gor "\,
n .
The person who binds himself ,
or gives his bond to another .
--
Blackstone .
[
1913 Webster ]
OBLIGOR or DEBTOR .
The person who has engaged to perform some obligation .
Louis .
Code ,
art .
3522 ,
No .
12 .
The word obligor ,
in its more technical signification ,
is applied to designate one who makes a bond .
2 .
Obligors are joint and several .
They are joint when they agree to pay the obligation jointly ,
and then the survivors only are liable upon it at law ,
but in equity the assets of a deceased joint obligor may be reached .
1 .
Bro .
C .
R .
29 ;
2 Ves .
101 ;
Id .
371 .
They are several when one or more bind themselves each of them separately to perform the obligation .
In order to become an obligor ,
the party must actually ,
either himself or by his attorney ,
enter into the obligation ,
and execute it as his own .
If a man sign and seal a bond as his own ,
and deliver it ,
he will be bound by it ,
although his name be not mentioned in the bond .
4 Stew .
R .
479 ;
4 Hayw R .
239 ;
4 McCord ,
R .
203 ;
7 Cowen ;
R .
484 ;
2 Bail .
R .
190 ;
Brayt .
38 ;
2 H . &
M .
398 ;
5 Mass .
R .
538 ;
2 Dana ,
R .
463 ;
4 Munf .
R .
380 ;
4 Dev .
272 .
When the obligor signs between the penal part and the condition ,
still the latter will be a part of the instrument .
2 Wend .
Rep .
345 ;
3 H . &
M .
144 .
3 .
The execution of a bond by the obligor with a blank ,
and a verbal authority to fill it up ,
and it is afterwards filled up ,
does not bind the obligor ,
unless it is redelivered ,
or acknowledged or adopted .
1 Yerg .
R .
69 149 ;
1 Hill ,
Rep .
267 ;
2 N . &
M .
125 ;
2 Brock .
R .
64 ;
1 Ham .
R .
368 ;
2 Dev .
R .
369 6 Gill . &
John .
250 ;
but see contra ,
17 Serg . &
R .
438 ;
and see 6 Serg . &
Rawle ,
308 ;
Wright ,
R .
742 .
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