 | Great Britain. Court of Chancery, John Herman Merivale - Equity - 1819 - 766 pages
...the creditor is merely inactive. And, in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to...recourse to his remedy against the principal, or not ; and because he, in fact, cannot have the same remedy against the principal as he would have had under... | |
 | Henry Maddock - Common law - 1820 - 788 pages
...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,...recourse to his remedy against the Principal or not ; and because he in fact cannot have the same remedy against the Principal as he would have had under... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...Dow. 239. Boehm merely inactive. And in the case put, the surety is held to be discharged for this reason, because the creditor by so giving time to...recourse to his remedy against the principal or not, and because he, in fact, cannot have the same remedy against the principal as he would have had under... | |
 | South Carolina. Constitutional Court of Appeals, David James McCord - Law reports, digests, etc - 1830 - 612 pages
...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,...recourse to his 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... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - Law reports, digests, etc - 1835 - 1012 pages
...where the creditor is inactive; and, in the case put, the surety is held to be discharged, for this reason, because the creditor, by so giving time to...recourse to his remedy against the principal or not ; and because he, in fact, cannot have the same remedy against the principal as he would have had under... | |
 | Great Britain. Court of Exchequer - Court rules - 1835 - 1150 pages
...the creditor is merely inactive; 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 («) :> Mfiivulo, 278. of the surety to consider whether he will have recourse 1834'. to his remedy... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - Equity - 1841 - 720 pages
...the creditor is merely inactive. And in the case put, the surety is held to be discharged, for this reason ; because the creditor by so giving time to...recourse to his 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... | |
 | Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1842 - 1054 pages
...the creditor is merely inactive. 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 (i) Ante,Vo\. III. p. 525. (j) Id. 540. (*) 3 Meriv. 278. out of the power of the surety to consider... | |
 | Law - 1872 - 516 pages
...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... | |
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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,... 
