KFLCC Kingdom Law 2nd Ed.

99

ASSOCIATION

ASSURANCE

the justices and sergeants for the purposes of taking the assises. 3 BL Comm. 59, 60. —Articles of association. See ARTICLES.— National banking associations. The stat utory title of corporations organized for the purpose of carrying on the business of banking under the laws of the United States. Rev. St. U. S. § 5133 (U. S. Comp. St 1901, p. 3454). ASSOCIE EN NOM. In French Law. In a society en commandite' an associd en nom is one who is liable for the engagements of the undertaking to the whole extent of his property. This expression arises from the fact that the names of the associ6s so liable figure in the firm-name or form part of the soci6t& en nom collecUf. Arg. Fr. Merc. Law, 546. ASSOLL. To absolve; acquit; to set free; to deliver from excommunication. St. 1 Hen. IV. c 7; Cowell. In Scotch law. To acquit the defendant in an action; to find a crimi nal not guilty. ASSUME. To undertake; engage; prom ise. 1 Ld. Raym. 122; 4 Coke, 92. To take upon one's self. Springer v. De Wolf, 194 111. 218, 62 N. B. 542, 56 L. R. A. 465, 88 Am. St Rep. 155. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is express if the promisor puts his engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has passed) from the conduct of the party or the cir cumstances of the case. In practice. A form of action which lies for the recovery of damages for the non-per formance of a parol or simple contract; or a contract that is neither of record nor un der seal. 7 Term, 351; Ballard v. Walker, 3 Johns. Cas. (N. Y.) 60. The ordinary division of this action is in to (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise. Steph. PI. 11, 13. The action of assumpsit differs from tres pass and trover, which are founded on a tort, not upon a contract; from covenant and debt, which are appropriate where the ground of recovery is a sealed instrument, or special obligation to pay a fixed sum; and from replevin, which seeks the recovery of specific property, if attainable, rather than of dam ages. —Implied assumpsit. An undertaking or promise not formally made, but presumed or implied from the conduct of a party. Willen borg v. Illinois Cent. R. Co., 11 111. App. 302.— Special assumpsit. An action of assumpsit ASSOILZIE. ASSUMPSIT. La t He undertook; he promised.

is so called where the declaration sets out the precise language or effect of a special contract, which forms the ground of action; as distin guished from a general assumpsit, in which the technical claim is for a debt alleged to grow out of the contract, not the agreement itself. The act or agreement of assuming or taking upon one's self; the un dertaking or adoption of a debt or obligation primarily resting upon another, as where the purchaser of real estate "assumes" a mort gage resting upon it, in which case he adopts the mortgage debt as his own and becomes personally liable for its payment. Eggleston v. Morrison, 84 111. App. 631; Locke v. Hom er, 131 Mass. 93, 41 Am. Rep. 199; Springer v. De Wolf, 194 111. 218, 62 N. E. 542, 56 L. R, A. 465, 88 Am. St Rep. 155; Lenz v. Railroad Co., Ill Wis. 198, 86 N. W. 607. The difference between the purchaser of land assuming a mortgage on it and simply buying subject to the mortgage, is that in the former case he makes himself personally liable for the payment of the mortgage debt, while in the lat ter case he does not. Hancock v. Fleming, 103 Ind 533, 3 N. E. 254; Braman v. Dowse, 12 Cush. (Mass.) 227. Where one "assumes" a lease, he takes to himself the obligations, contracts, agree ments, and benefits to which the other con tracting party was entitled under the terms of the lease. Cincinnati, etc., R. Co. v. Indi ana, etc., R. Co., 44 Ohio St 287, 314, 7 N. B. 152. — Assumption of risk. A term or condition in a contract of employment, either express or implied from the circumstances of the employ ment, by which the employe" agrees that dangers of injury ordinarily or obviously incident to the discharge of his duty in the particular employ ment shall be at his own risk. Narramore v. Railway Co., 96 Fed, 301, 37 C. C. A. 499, 48 L. R. A. 68; Faulkner v. Mining Co., 23 Utah, 437, 66 Pac. 799; Railroad Co. v. Touhey, 67 Ark. 209, 54 S. W. 577, 77 Am. St. Rep. 109; Bodie v. Railway Co., 61 S. C. 468, 39 S. E. 715; Martin v. Railroad Co., 118 Iowa, 148, 91 N. W. 1034, 59 L. R. A. 698, 96 Am. St. Rep. 371. ASSURANCE. In conveyancing. A deed or instrument of conveyance. The le gal evidences of the transfer of property are in England called the "common assurances" of the kingdom, whereby every man's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. 2 Bl. Comm. 294. State v. Farrand, 8 N. J. Law, 335. In contracts. A making secure; insur ance. The term was formerly of very fre quent use in the modern sense of insurance, particularly in English maritime law, and still appears in the policies of some compa nies, but is otherwise seldom seen of late years. There seems to be a tendency, how ever, to use assurance for the contracts of life insurance companies, and insurance for risks upon property. Assurance, further, covenant for. See COVENANT. ASSUMPTION.