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" The principle to be drawn from the cases wo take to be this— that if, with the knowledge or assent of the creditor, any material part of the transaction between the creditor and his debtor is misrepresented to the surety — the misrepresentation being... "
New Cases in the Court of Common Pleas, and Other Courts: With Tables of the ... - Σελίδα 159
των Great Britain. Court of Common Pleas, Peregrine Bingham - 1839
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas - 1839 - 956 σελίδες
...knowledge or assent of the creditor, misrepresented to a surety, the misrepresentation being such, that, but for the same having taken place, either...entered into, the extent of the surety's liability m aht be thereby increased, the security so given is void at law, on the ground of fraud. Stone v....

Cases in the Court of Common Pleas and Exchequer Chamber, Τόμος 6

Great Britain. Court of Common Pleas, John Scott - 1839 - 1084 σελίδες
...knowledge or assent of the creditor, misrepresented to a surety, the misrepresentation being such, that, but for the same having taken place, either...not have been entered into at all, or, being entered be thereby increased, the security so given is void at law, on the Stieate Coxe and George Chambers,...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Τόμος 1

Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 σελίδες
...misrepresen- STONE tation being such, that, but for the tame having taken place, either the suretythip would not have been entered into at all, or, being...entered into, the extent of the surety's liability may be thereby increased), the security so given it raid at law, on the ground of fraud. The question,...

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 his debtor is misrepresented to the surety, the misrepresentation being such, that but for the same having taken place, either the...security so given is void at law, on the ground of fraud. Stone v.Compton, 5 Bingham, NC 142, 156. 77% Question as to The creditor took a dividend from a surety...

Cases Argued and Determined in the Court of Common Pleas: With ..., Τόμος 4

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 σελίδες
...between the creditor and his debtor is misrepresented to the surely. the misrepresentation being such, that but for the same having taken place, either the...extent of the surety's liability might be thereby in419 creased, the security so given is void at law, on the ground of fraud.'' Pidcock v. Bishop (a)...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1843 - 966 σελίδες
...knowledge or assent of the creditor, misrepresented to a surety, the misrepresentation being such, that, but for the same having taken place, either...security so given is void at law, on the ground of fraud. In that case, the plaintiffs agreed to lend 2,600/. to C. & D., upon the security of a policy of insurance,...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1843 - 962 σελίδες
...knowledge or assent of the creditor, misrepresented to a surety, the misrepresentation being such, that, but for the same having taken place, either...security so given is void at law, on the ground of fraud. In that case, the plaintiffs agreed to lend 2,600/. to C. & D., upon the security of a policy of insurance,...

The Scottish Jurist: Containing Reports of Cases Decided in the ..., Τόμος 16

1844 - 700 σελίδες
...place, either jhe suretyship would riot have been entered into at all, or, being entered into, (he extent of the surety's liability might be thereby...security so given is void at law on the ground of fraud." It is to be observed, in the doctrine thus laid down, that, 2. With the knowledge and assent of the...

The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - 438 σελίδες
...between the creditor and his debtor is misrepresented to the surety, the misrepresentation being such that, but for the same having taken place, either...might be thereby increased, the security so given is voidable at law on the ground of fraud." The death of a testator would release the executor from being...

Commentaries on the Law of Suretyship, and the Rights and Obligations of the ...

William Burge - 1847 - 626 σελίδες
...between the creditor and his debtor is misrepresented to the surety, the misrepresentation being such, that but for the same having taken place, either the...might be thereby increased, the security so given is voidable at law on the ground of fraud." It is impossible to establish any invariable rule. Fraud is...




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