 | Great Britain. Court of Chancery, John Herman Merivale - Equity - 1819 - 766 pages
...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,...under the original contract. Now, in the present case, the creditor has been supplying goods to the principal debtor, from time to time, upon a certain credit,... | |
 | Henry Maddock - Common law - 1820 - 788 pages
...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...Principal as he would have had under the original contract (z). A Surety is entitled to every remedy which the creditor has against the principal Debtor ; to... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...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...under the original contract. Now, in the present case, the creditor has been supplying goods to the principal debtor from time to time upon a certain credit,... | |
 | Henry Maddock - Equity - 1827 - 516 pages
...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 or not ; and because be in fact cannot have the same remedy against the Principal as he would have had under the original... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - Law reports, digests, etc - 1835 - 1012 pages
...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...would have had under the original contract." Now, in this case, had the surety the same remedy against his principal after the giving the acceptance as... | |
 | Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...has, unauthoriz'edly, altered the relative situation of the parties, since the surety can no longer have the same remedy against the principal, as he would have had under the original contract(y). By the expression, 'giving time,' is (u) Melville v. Hayden, 3 B. & A. 593. This case... | |
 | Equity - 1840 - 516 pages
...the " creditor by so doing has thereby put it out of the power of the surety " to consider whether he will have recourse to his remedy against the " principal or not." It is true, that mere gratuitous forbearance willjiot be sufficient, there must be a binding contract... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - Equity - 1841 - 714 pages
...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, or not ; and because in fact he cannot have the same remedy against the principal, as he could have had under the original... | |
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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... 
