ACCESSORY CONTRACT. one made for assuring the performance of a prior contract, either by the same parties, or by others; such as suretyship, mortgages, and pledges.
2. It is a general rule, that payment of the debt due, or the performance of a thing required to be performed by the first or principal contract, is a full discharge of such accessory obligation. Poth. Ob. part. 1, c. 1, s. 1, art. 2, n. 14. Id. n. 182, 186. See 8 Mass. 551; 15 Mass. 233; 17 Mass. 419; 4 Pick. 11; 8 Pick. 522.
3. An accessory agreement to guaranty an original contract, which is void, has no binding1 effect. 6 Humph. 261. ACCIDENT. The happening of an event without the concurrence2 of the will of the person by whose agency it was caused or the happening of an event without any human agency; the burning of a house in consequence of a fire being made for the ordinary purpose of cooking or warming the house, which is an accident of the first kind; the burning of the same house by lightning would have been an accident of the second kind. 1 Fonb. Eq. 374, 5, note.
2. It frequently happens that a lessee3 covenants4 to repair, in which case he is bound to do so, although the premises6 be burned down without his fault. 1 Hill. Ab. c. 15, s. 76. But if a penalty be annexed7 to the covenant5, inevitable8 accident will excuse the former, though not the latter. 1 Dyer, 33, a. Neither the landlord nor the tenant9 is bound to rebuild a house burned down, unless it has been so expressly agreed. Amb. 619; 1 T. R. 708; 4 – Paige, R. 355; 6 Mass. R. 67; 4 M'Cord, R. 431; 3 Kent, Com. 373.
3. In New Jersey10, by statute11, no action lies against any person on the ground that a fire began in a house or room occupied by him, if accidental. But this does not affect any covenant. 1 N. J. Rev12. C. 216.
ACCIDENT, practice. This term in chancery jurisprudence, signifies such unforeseen events, misfortunes, losses, acts or omissions13, as are not the result of any negligence14 or misconduct in the party. Francis' Max. M. 120, p. 87; 1 Story on Eq. 78. Jeremy defines it as used in courts of equity15, to be " an occurrence in relation to a contract, which was not anticipated by the parties, when the same was entered into, and which gives an undue16 advantage to one of them over the other in a court of law." Jer. on Eq. 358. This definition is objected to, because as accident may arise in relation to other things besides contracts, it is inaccurate17 in confining accidents to contracts; besides, it does not exclude cases of unanticipated occurrences, resulting from the negligence or misconduct of the party seeking relief. 1 Story on Eq. 78, note 1.
2. In general, courts of equity will relieve a party who cannot obtain justice in consequence of an accident, which will justify18 the interposition of a court of equity. The jurisdiction19 being concurrent20, will be maintained only, first, when a court of law cannot grant suitable relief; and, secondly21, when the party has a conscientious22 title to relief.
3. Many accidents are redressed23 in a court of law; as loss of deeds, mistakes in receipts and accounts, wrong payments, death, which makes it impossible to perform a condition literally24, and a multitude of other contingencies25; and many cannot be redressed even in a court of equity; is if by accident a recovery is ill suffered, a contingent26 remainder destroyed, or a power of leasing omitted in a family settlement. 3 Bl. Comm. 431. Vide, generally, Com. Dig. Chancery, 3 F 8; 1 Fonb. Eq. B. 1, c. 3, s. 7; Coop. Eq. PI. 129; 1 Chit. Pr. 408; Harr. Ch. Index, h. t.; Dane's Ab. h. t.; Wheat. Dig. 48; Mitf. Pl. Index, h. t.; 1 Madd. Ch. Pr. 23; 10 Mod. R. 1, 3; 3 Chit. Bl. Com. 426, n.
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