KFLCC Kingdom Law 2nd Ed.

954

PROMISE

PRONEPTIS

PROMISE. A declaration, verbal or written, made by one person to another for a good or valuable consideration in the na ture of a covenant by which the promisor binds himself to do or forbear some act, and gives to the promisee a legal right to de mand and enforce a fulfillment. See Taylor v. Miller, 113 N. C. 340, 18 S. E. 504; New comb v. Clark, 1 Denio (N. Y.) 228; Foute v. Bacon, 2 Cush. (Miss.) 164; U. S. v. Bal tic Mills Co., 124 Fed. 41, 59 C. C. A. 558. "Promise" is to be distinguished, on the one hand, from a mere declaration of intention in volving no engagement or assurance 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 con sideration. Abbott. "Fictitious promises," sometimes called "implied promises," or "promises implied in law," occur in the case of those contracts which were invented to enable persons in certain cases to take advantage of the old rules of pleading peculiar to contracts, and which are not now of practical importance. Sweet. —Mutual promises. Promises simultaneous ly made by and between two parties; each be ing the consideration for the other.—Naked promise. One given without any considera tion, equivalent, or reciprocal obligation, and for that reason not enforceable at law. See Arend 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 recognizes and revives such former promise and engages to fulfill it.— Parol promise. A simple contract; a verbal promise. 2 Steph. Comm. 109.—Prom ise of marriage. A contract mutually en tered into by a man and a woman that they will marry each other. PROMISSOR. In the civil law. A promiser; properly the party who under took to do a thing in answer to the interro gation of the other party, who was called the "stipulator." Containing or consist ing of a promise; in the nature of a promise; stipulating or engaging for a future act or course of conduct. —Promissory note. A promise or engage ment, in writing, to pay a specified sum at a time therein limited, or on demand, or at sight, to a person therein named, or to his order, or bearer. Byles, Bills, 1, 4; Hall v. Farmer, 5 Denio (N. Y.) 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 promis sory note is an instrument negotiable in form, whereby the signer promises to pay a specified sum of money. Civ. Code Cal. § 3244. An un conditional written promise, signed by the mak er, to pay absolutely and at all events a sum La t PROMISSORY. PROMISEE. One to whom a promise has been made. PROMISOR. One who makes a prom ise.

certain in money, either to the bearer or to a person therein designated or his order. Benj. Chalm. Bills & N. art. 271. As to promissory "Oath," "Representa tion," and "Warranty," see those titles. In the law relating to corporations, those persons are called the "promoters" of a company who first asso ciate themselves together for the purpose of organizing the company, issuing its pro spectus, procuring subscriptions to the stock, securing a charter, etc. See Dickerman v. Northern Trust Co., 176 U. S. 181, 20 Sup. Ct 311, 44 L. Ed. 423; Bosher v. Rich mond & EL. Land Co., 89 Va. 455, 16 S. B. 360, 37 Am. St. Rep. 879; Yale Gas Stove Co. v. Wilcox, 64 Conn. 101, 29 Atl. 303, 25 L. R. A. 90, 42 Am. St. Rep. 159; Densmore Oil Co. v. Densmore, 64 Pa. 49. In English practice. Those persons who, in popular and penal actions, prosecute of fenders in their own names and that of the king, and are thereby entitled to part of the fines and penalties for their pains, are called "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 eccle siastical ; and one who takes such a course is said to "promote the oflice of the judge." See Mozley & Whitley. PROMOTERS. PROMULGARE. Lat In Roman law. To make public; to make publicly known; to promulgate. To publish or make known a law, after its enactment. To publish; to an nounce officially; to make public as impor tant or obligatory. See Wooden v. Western New York & P. R. Co. (Super. Ct.) 18 N. Y. Supp. 769. The order given to cause a law to be executed, and to make it public; it differs from publication. 1 Bl. Comm. 45. Lat. In the civil law. A quasi contract, by which he who receives a certain sum of money, or a certain quan tity 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. PROMULGATE. PROMULGATION. PROMUTUUM. PROMOVENT. A plaintiff In a suit of duplex querela, (q. v.) 2 Prob. Div. 192.

PRONEPOS. Lat. In the civil law. A great-grandson. Inst 3, 6, 1; Bract, fol. 67

PRONEPTIS.

Lat In the civil law. A

great-granddaughter.

Inst 3, 6, 1; Bract

fol. 67.