Forbearance

Defined in 7 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Anderson (1889), Bouvier (1839)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

A delay in enforcing rights; the act by which a creditor waits for the payment of a debt due him by the debtor after it has become due. It is sufficient consideration to support assumpsit, or a guarantee. 27 L. J. Ex. 120; 2 H. & N. 517; 82 Ch. D. 289; 56 L. J. Q. B. 518; 57 L. T. 554; contra 1 Ex. 74; 16 L. J. Ex. 237. A forbearance is a determination of the will, not to do some given external act. Or in not doing some given external act, and in not doing it in consequence of a determination of the will. Const. Jurisp. 1, 377.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Abstention from suing or otherwise enforcing a right.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A delay in enforcing rights. The act by which a creditor waits for the payment of a debt due him by the debtor after it has become due. It is suflicient consideration to support assumpsit. An agreement to forbear bringing a suit for a debt due, although for an indefinite time, and even although it cannot be construed to be an agreement for a perpetual forbearance, if followed by actual forbearance for a reasonable time, is a good consideration for a promise; Howe v. Taggart, 133 Mass. 287. See Assumpsit; Consideration.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The act of abstaining from proceeding against a delinquent debtor; delay in exacting the enforcement of a right; indulgence granted to a debtor. Reynolds v. Ward, 5 Wend. (N. Y.) 504; Diercks v. Kennedy, 16 N. J. Eq. 211; Dry Dock Bank v. American Llfe Ins., etc., Co., 3 N. Y. 354. Refraining from action. The term is used in this sense in general jurisprudence, in contradistinction to "act."

A Law Dictionary and Glossary

George C. Kinney · 1893

A holding from proceeding; an abstaining from the enforcement of a right; indulgence by a creditor to a debtor.

A Dictionary of Law

William C. Anderson · 1889

Suspension of an existing demand, i Delay in enforcing a right. In statutes against usury, giving additional time, after the time originally limited for the return of a loan has passed. 2 An agreement to forbear bringing a suit for a debt due, although for an indefinite time, and even although it cannot be construed to be an agreement for perpetual forbearance if followed by actual forbearance for a reasonable 'time, is a good consideration for a promise.^ See Consideration, 2; Surety.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

contracts, is ‘thé act by which a creditor waits for the payment of the debt, due him by the debtor, after it has become due. When the creditor agrees to forbear with his debtor, this is a sufficient consideration to support an assumpsit made by the debtor. 4 John. R. 237; 2 Nott & Mc Cord, 133; 2 Binn. R. 510; Com. Dig. Action upon the case upon assumpsit, B 1; Dane’s Ab. Index, h. t.; 1 Leigh’s N. P. 81; 1 Penna. R. 385; 4 Wash. C. C. R. 148; 5 Rawle’s R. 69. Vide Giving time.