Written by attorneys · grounded in primary & secondary sources — see below
Action by which one person or thing goes along with or attends another. Documents, motions, or warranties may accompany a draft, filing, or disposition under applicable rules.
Ava Adebayo, acting as a financing agency, purchased a seller's draft covering goods shipped to a buyer. The bill of lading and invoice accompanied the draft when presented for payment. Because the documents traveled with the draft, the agency qualified for protected status under the transaction rules.
Alexis Archer filed a motion to amend findings twenty days after judgment entry. The motion accompanied a separate request for a new trial. The court considered both filings together and adjusted the judgment accordingly.
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The officer completed the deposition of a key witness in a contract dispute. The required certificate accompanied the record of the deposition. The attorney received the sealed package for storage under protective conditions.
A secured party conducted a disposition of collateral after default. The contract for sale included title warranties that accompany a voluntary disposition by operation of law. The buyer received the benefit of those warranties.
A general agent conducted authorized transactions for a disclosed principal. Authority to act included acts that usually accompany or are incidental to those transactions. The principal remained liable for the agent's conduct.
A party designated an attorney to assist during a scheduled mediation. The attorney accompanied the party to and participated in the mediation. The waiver of participation was rescinded before the session began.
Physical closeness is required when supervision is the purpose of accompanying. An unlicensed driver is accompanied by a licensed driver only if the licensed person remains close enough to supervise and assist.
Yes. When lease language states that a tenant promise benefits the landlord and any successor owner, the benefit accompanies the transferred reversionary interest and may be enforced by the new owner.
Yes. An original tenant keeps the benefit of a landlord promise unless the assignment expressly transfers that benefit or the benefit runs with the leasehold by operation of law.
A covenant touches and concerns land when its performance affects the value or utility of the leased premises. Marketing or screening obligations that enhance the property's operation satisfy this requirement and allow the benefit to accompany the transferred interest.
…to note with precision which laws petitioners have challenged. Although they discuss some of the ancillary legal benefits that accompany marriage, such as hospital visitation rights and recognition of spousal status on official documents, petitioners’ lawsuits target the laws defining marriage generally rather than those…