 | New York (State). Court of Chancery, William Johnson - 1824 - 748 σελίδες
...at law. Ibid. 6. Where a creditor does an act injurious to the surety, or omits to do an act, when required by the surety, which his duty enjoins him...do, and the omission proves injurious to the surety, the latter is discharged, and may set up such conduct of the creditor, us a defence to a suit at law... | |
 | Joseph Story - 1839 - 658 σελίδες
...any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act when required by the surety, which his duty enjoins him...brought against him, if not at law, at all events in Equity. 4 § 326. It is upon this ground that if a creditor, without any communication with the surety,... | |
 | Arkansas. Supreme Court - 1846 - 628 σελίδες
...a general rule that if a ereditor does any act injurious to the surety, or omits to do any act when required by the surety, which his duty enjoins him...omission proves injurious to the surety, in all such oases the latter will be discharged, and may set up such conduct as a defence to any suit brought against... | |
 | Alabama. Supreme Court - 1871 - 818 σελίδες
...to the surety, or inconsistent with his rights. He is likewise bound not to omit to do any act, when required by the surety, which his duty enjoins him to do, and which, if omitted, would prove injurious to the surety. If he does, the surety is discharged to the... | |
 | Georgia. Supreme Court - 1849 - 714 σελίδες
...any act, injurious to the surety, or inconsistent with his rights, or if he omits to do any act, when required by the surety, which his duty enjoins him...brought against him — if not at Law, at all events, in Equity." Story's Eq. Jur. §325. And in a note to the text, he remarks — " The proposition is thus... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850 - 614 σελίδες
...any act injurious to the surety, or inconsisten with his rights ; or. if he omits to do any act, when required by the surety, which his duty enjoins him...brought against him, if not at law, at all events iri equity." (1 Slory's Eq. § 325.) After a very diligent examination of the authorities bearing upon... | |
 | Asa Kinne - 1852 - 736 σελίδες
...any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act, when required by the surety, which his duty enjoins him...brought against him, if not at law, at all events in equity. — The People v. Janssen, 7 Johns. R., 332. S. P 2 Johns. C/i. R., 554. Theobald on Principal... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 σελίδες
...creditor does any act injurious to the surety or inconsistent with his rights, or omits to do any act when required by the surety, which his duty enjoins him...do, and the omission proves injurious to the surety, he will be discharged." Story's Eq. p. 321. So also where a creditor enters into a contract which defers... | |
 | Great Britain. Court of Chancery - 1858 - 796 σελίδες
...any act injurious to the surety or inconsistent with his rights; or if he omits to do any act, when required by the surety, which his duty enjoins him...in all such cases the latter will be discharged." No authority carries the doctrine beyond this. In Watson v. Allcoch(c), the surety was damnified by... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1861 - 1008 σελίδες
...does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act which his duty enjoins him to do, and the omission proves injurious to the surety, the surety will be discharged. By articles of agreement H. agreed with W. (the plaintiff) to complete... | |
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Indeed the proposition may be stated in a more general form ; that if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act when required by the surety, which his duty enjoins him to do, and the... 
