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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,... "
The Bengal Law Reports of Decisions of the High Court at Fort William Civil ... - Σελίδα 271
επεξεργασία από - 1872
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A Treatise on the Principles and Practice of the High Court of ..., Τόμος 1

Henry Maddock - 1827 - 516 σελίδες
...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,...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...

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

South Carolina. Constitutional Court of Appeals, David James McCord - 1830 - 612 σελίδες
...the principal contrary to the agreement. The surety is held to be discharged for this reason also, because the creditor, by so giving time to the principal,...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...

Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1835 - 1150 σελίδες
...between the creditor and the principal, not where the creditor is merely inactive; and in the case put, the surety is held to be discharged, for this reason,...time to the principal, has put it out of the power («) :> Mfiivulo, 278. of the surety to consider whether he will have recourse 1834'. to his remedy...

Cases Decided in the House of Lords, on Appeal from the Courts of Scotland ...

Great Britain. Parliament. House of Lords, George Robinson - 1840 - 680 σελίδες
...discharged for the seth May 1840. " reason, because the creditor by so giving time to the Ld chancellor's " principal has put it out of the power of the surety to Speech. " consider whether he will have recourse to his remedy " against the principal or not ; because...

Reports of Some Cases Adjudged in the Courts of the Lord Chancellor ..., Τόμος 1

Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 714 σελίδες
...between the creditor and the principal, not when the creditor is merely inactive. And in the case put, the surety is held to be discharged, for this reason...remedy against the principal, or not ; and because in fact he cannot have the same remedy against the principal, as he could have had under the original...

The Scottish Jurist: Containing Reports of Cases Decided in the ..., Τόμος 13

1841 - 668 σελίδες
...and in the case put, the surety is held to he discharged ; for this reason, hecause the creditor, hy so giving time to the principal, has put it out of...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...

Reports of Cases Heard and Decided in the House of Lords on Appeals ..., Τόμος 7

Great Britain. Parliament. House of Lords - 1842 - 1054 σελίδες
...the creditor and the principal ; — not where the creditor is merely inactive. And, in the case put, the surety is held to be discharged, for this reason,...creditor by so giving time to the principal, has put it (i) Ante,Vo\. III. p. 525. (j) Id. 540. (*) 3 Meriv. 278. out of the power of the surety to consider...

The Law Times, Τόμος 52

1872 - 516 σελίδες
...creditor is merely inactive." : ground of his decision is stated to be, " that the creditor by riving time to the principal has put it out of the power of the ety to consider whether he will have recourse to his remedy inst the principal or not, and because...

The Scottish Jurist: Containing Reports of Cases Decided in the ..., Τόμος 19

1847 - 744 σελίδες
...the creditor is merely inactive ; and in the case put, the surety is held to be discharged for the reason, because the creditor, by so giving time to...recourse to his remedy against the principal or not ; because he in fact has the same remedy against the principal as he would have had under the original...

Reports of Cases in Chancery, Argued and Determined in the Rolls ..., Τόμος 23

Great Britain. Court of Chancery, Charles Beavan - 1858 - 712 σελίδες
...the principal debtor. How does the subsequent dealing of the creditor with the principal debtor put it out of the power of the surety to consider whether...have recourse to his remedy against the principal or (a) 3 Mer. 278. or not, or how is he prevented from having the same 1857. remedy against the principal...




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