 | Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 Seiten
...who is suing here to a Court of law for the discharge to which he is equally entitled in this place. The rule is this — that, if a creditor, without...as he would have had under the original contract. Now, in the present case, the creditor has been supplying goods to the principal debtor, from time... | |
 | Henry Maddock - 1820 - 788 Seiten
...Surety does not discharge a Co-surety (y). The Surety is held to be discharged for this reason also, because the Creditor, by so giving time to the Principal,...Principal as he would have had under the original contract (z). A Surety is entitled to every remedy which the creditor has against the principal Debtor ; to... | |
 | Samuel Comyn - 1824 - 680 Seiten
...542. Reft v. Berrington, (/) 2 Bro. Ch. Cas. 579., cited in Ex- Grant v. Campbelt, 6 Dow. 239. Boehm merely inactive. And in the case put, the surety is...as he would have had under the original contract. Now, in the present case, the creditor has been supplying goods to the principal debtor from time to... | |
 | Henry Maddock - 1827 - 516 Seiten
...consider whether he will have recourse to his remedy against the Principal or not ; and because be in fact cannot have the same remedy against the Principal as he would have had under the original contract (г). A Surety is entitled to every remedy which the creditor has against the principal Debtor ; to... | |
 | South Carolina. Constitutional Court of Appeals, David James McCord - 1830 - 612 Seiten
...whether he will have recourse to his remedy against the principal or not, and because, in fact, he cannot have the same remedy against the principal, as he would have had under the original contract. A surety is entitled to every remedy which the creditor has against the principal debtor," and cases... | |
 | Thomas Charles Morton - 1836 - 526 Seiten
...has, unauthoriz'edly, altered the relative situation of the parties, since the surety can no longer have the same remedy against the principal, as he would have had under the original contract(y). By the expression, 'giving time,' is (u) Melville v. Hayden, 3 B. & A. 593. This case... | |
 | Great Britain. Parliament. House of Lords, George Robinson - 1840 - 680 Seiten
...whether he will have recourse to his remedy " against the principal or not ; because he in fact can" not have the same remedy against the principal as he " would have had under the original contract. In Eyre v. Everett1, a delay of five years, during which the obligee had not sued the principal, was... | |
 | 1841 - 668 Seiten
...surety to consider whether he will have recourse to his remedy against the principal or not, hecause he, in fact, cannot have the same remedy against the principal as he could have had under the original contract. In Eyre v. Everett, in 2d Russell, 384, a delay of five... | |
 | Great Britain. Parliament. House of Lords - 1842 - 1054 Seiten
...III. p. 525. (j) Id. 540. (*) 3 Meriv. 278. out of the power of the surety to consider whether 1 840. he will have recourse to his remedy against the principal...as he would have had under the original contract." In .Eyre v. Everett (/), a delay of five years, during which the obligee had not sued the principal,... | |
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And, in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to the principal, has put it out of the power of the surety to consider whether he will have recourse to his remedy against the principal,... 
