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" A surety,' to use the language of Sir S. Romilly's reply, 'will be entitled to every remedy which *the creditor has | against the principal debtor ; to enforce every security and all means of payment ; to stand in the place of the creditor, not only through... "
Commentaries on Equity Jurisprudence: As Administered in England and America - Σελίδα 407
των Joseph Story - 1839 - 712 σελίδες
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Reports of Cases Argued and Determined in the High Court of ..., Τόμος 3

Great Britain. Court of Chancery, John Herman Merivale - 1819
...become exonerated from their liability as indorsers (a), appears to have been 1817. (a) " A surety is entitled to every remedy which the creditor has against...of payment ; to stand in the place of the creditor, notonly through the medium of contract, but even by means of securities entered into without the knowledge...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 23

Peyton Randolph, Virginia. Supreme Court of Appeals - 1824
...the sureties, for contribution. Itresdu from the maxim, that equality is equity. Again; a surety W'M be entitled to every remedy which the creditor has...of payment; to stand in the place of the creditor, even as to securities entered into, without the knowledge of the surety; hftving a right to have these...

Reports of Cases Determined in the Constitutional Court of South ..., Τόμος 4

South Carolina. Constitutional Court of Appeals, David James McCord - 1830
...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 are referred to in support of each position. " But it is said the mere taking the body in...

A Practical Treatise on the Law of Principal and Surety: Particularly with ...

William Theobald - 1832 - 297 σελίδες
...5 Esp. NPC 171. In Craythorne v. Swinburne (a), the Lord Chancellor, arguendo, said, " A surety is entitled to every remedy which the creditor has against...but even by means of securities entered into without his knowledge, having a right to have those securities transferred to him though there was no stipulation...

Reports of Cases Argued and Determined in the Court of Exchequer in Equity ...

Great Britain. Court of Exchequer, Edward Younge, John Collyer - 1838
...Lordship's judgment proceeded on the rule of equity as stated by Sir S. Romilly — namely, that " a surety will be entitled to every remedy which the creditor...enforce every security and all means of payment." The case of Hudson v. Stalwood (a) is an authority to shew that this rule is regarded even at law....

Reports of Cases at Law and in Equity, Argued and Determined in the ..., Τόμος 9

Alabama. Supreme Court - 1846
...was said by Lon? Eldon, in the case of Craythorne v. Swinburne, 14 Ves. Rep. 162, that "a surety is entitled to every remedy which the creditor has against...in the place of the creditor, not only through the medinm of contract, but even by means of securities entered into without his knowledge, having a right...

Reports of Cases Decided in the High Court of Chancery: With Notes ..., Τόμος 10

Great Britain. Court of Chancery - 1855
...sanctioned the exposition by his full approval. " A surety," to use the language of Sir S. Eomilly's reply, " will be entitled to every remedy which the...all means of payment; to stand in the place of the Eossessing the rights which arise from having paid money for im which I had voluntarily, and without...

Reports of Cases in Law and Equity, Determined in the Supreme Court ..., Τόμος 4

Iowa. Supreme Court - 1858
...courts of equity, which, under circumstances closely analogous, entitle a surety who pays the debt, to every remedy which the creditor has against the...of payment; to stand in the place of the creditor; to have all securities transferred to him ; and to avail himself of them against the debtor. This right...

Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Τόμος 54

Massachusetts. Supreme Judicial Court - 1866
...Samuel Romilly's argument, in Craythorne v. Swinburne, 14 Ves. 162, he said, " a surety will be entitled to stand in the place of the creditor, not only through...entered into without the knowledge of the surety." And this doctrine was approved by Lord Eldon, in the decision made by him in that Taft v. Gifford &...

The Jurist, Τόμος 2,Μέρος 2

1857
...that equality is equity, proceeding, where the instruments are several, upon the ground that a surety will be entitled to every remedy which the creditor...entered into without the knowledge of the surety, he having a right to have those securities transferred to him, even though there was no stipulation...




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