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" The principle established in the case of Deering v. Lord Winchelsea, is universal, that the right and duty of contribution is founded in doctrines of equity. It does not depend upon contract. If several persons are indebted, and one makes the payment,... "
Commentaries on Equity Jurisprudence: As Administered in England and America - Σελίδα 395
των Joseph Story - 1839 - 712 σελίδες
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Annotated Cases on the Law of Suretyship

Arthur Adelbert Stearns - 1907 - 688 σελίδες
...doctrines of equity, it does not depend upon contract. If several persons are indebted, and one makes the payment the creditor is bound in conscience (if not by contract) to give to the party paying the debt all his remedies against the other debtors. . . . He (the creditor) is...

Commentaries on Equity Jurisprudence as Administered in England and ..., Τόμος 2

Joseph Story - 1918
...401 ; Bowditch ». Green, 3 Mete. R. 310 ; Powell's Ex'ors v. White, 11 Leigh, R. 309. In Stirling v. Forrester, 3 Bligh, R. 590, 591, Lord Redesdale...therefore the error should be corrected. See post, §§ 709 to 716, and notes, ibid. ; and Wright v. Morley, 11 Ves. 12, 22; Butcher v. Churchill, 14...

Cases on the Law of Suretyship: Selected and Annotated, Τόμος 1

Clinton De Witt - 1920 - 726 σελίδες
...doctrines of equity; it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of average in equity...

The Federal Reporter, Τόμος 34

1888
...doctrines of equity. It does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of averages in equity...

Reports of Commercial Cases: V. I-XLVI, 1895/96-1940/41, Τόμος 5

Great Britain. Commercial Court - 1900
...doctrines of equity ; it does not depend upon contract. If several persons are indebted and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of Average in equity...

The Law Times Reports: Containing All the Cases Argued and ..., Τόμος 49

1884
...doctrines of equity, it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not...the debt all his remedies against the other debtors. ... It would be against equity for the creditor to exact or receive payment from one, and to permit,...

The Manitoba Reports, Τόμος 23

Manitoba. Court of King's Bench - 1914
...the contract with one by releasing the other, yet if several persons are indebted and one makes the payment the creditor is bound in conscience if not...party paying the debt all his remedies against the debtor. It would be against equity for the creditor to accept or receive payment from one and to permit...

Journal of the Institute of Bankers, Τόμος 2

Institute of Bankers (Great Britain) - 1881
...doctrines of equity, it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience (if not by contract) to give to the party paying the debt all his remedies agaiust the other debtors. . . . He (the creditor) is...

Reports of Cases Relating to Maritime Law: New series, Τόμος 9

Great Britain. Courts - 1905
...doctrines of equity, it does not depend upon contract. If several persons are indebted and one makes the payment the creditor is bound in conscience, if not by contract, to give to the party paying the debt, all his remedies against the other debtors. The cases of average in equity...




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