 | 1886 - 856 σελίδες
...between the sureties for contribution. It results from the maxim that equality is equity. Again, a surety will be entitled to every remedy which the creditor...of payment; to stand in the place of the creditor, even as to securities entered into without the knowledge of the surety; having a right to have these... | |
 | 1886 - 646 σελίδες
...approved by Lord Edon, in his opinion in the case of Craythorne v. Swinburn.28 "A surety," he says, "will be entitled to every remedy, which the creditor...and all means of payment ; to stand in the place of of the creditor, not only through the medium of contract, but even by means of securities entered into... | |
 | 1886 - 800 σελίδες
...merely to the civil law system. It is equally a settled principle in the English chancery, that a surety will be entitled to every remedy which the creditor...the principal debtor, to enforce every security, and to stand in the place of the creditor, and have his securities transferred to him, and to avail himself... | |
 | 1889 - 952 σελίδες
...redemption. Higman v. Stewart, 38 Mich. Surety entitled to remedie» ana sefurUlex of rrafilw. A surety is entitled to every remedy which the creditor has against the principal debtor. Matsh v. Pike. 10 Paige, fi»5: Mclaughlin v. Curte' Estate. 27 Wis. «47. A surety upon performance... | |
 | Henry Newton Sheldon - 1893 - 518 σελίδες
...be supposed to be imported into any transaction, and so to raise a contract by implication. A surety will be entitled to every remedy which the creditor...creditor, not only through the medium of contract, hut even by means of securities entered into without the knowledge of the surety, having a right to... | |
 | Leonard Augustus Jones - 1894 - 936 σελίδες
...principal debtor to the creditor.3 This is a familiar and well-established rule of equity. The surety is entitled to every remedy which the creditor has against the principal debtor, and is entitled to stand in his place.4 But to entitle a surety to be substituted in place of the creditor,... | |
 | 1897 - 682 σελίδες
...creditor of Henry M. Kautzman, had against him, they will, as said by Chancellor Kent in Hayes v. Ward, "be entitled to every remedy which the creditor has...the principal debtor, to enforce every security and to stand in the place ot the creditor." 4 Johns. Chan. Rep. 131. Thomas M. Kautzman is liable to account... | |
 | Thomas Gold Frost - 1902 - 600 σελίδες
...the creditor and have all the rights which he has for the purpose of obtaining his reimbursement. He will be entitled to every remedy which the creditor...place of the creditor not only through the medium of a contract, but even by means of securities or contracts entered into without the knowledge of the... | |
 | 1902 - 1358 σελίδες
...Subrogation In Tompkins v. Mitchell. 2 Kand. 42». it is said: "11 is a settled rule, that a surety is entitled to every remedy which the creditor has against the principal debtor, to enforce every security: in short, to stand completely in the place of the creditor. Parsons v. »riddock et al.. 2 Vern. 608;... | |
 | George William Warvelle - 1902 - 696 σελίδες
...upon the mortgaged premises for the payment of the debt.s This is upon the principle that a surety is entitled to every remedy which the creditor has against the principal debtor whenever there has been a performance by him of his contract, and he has the right in such event to... | |
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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... 
