 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1839 - 956 pages
...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.... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...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,... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - Law reports, digests, etc - 1840 - 706 pages
...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,... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - Equity - 1841 - 714 pages
...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... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1844 - 1274 pages
...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)... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 966 pages
...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,... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 962 pages
...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,... | |
 | Law reports, digests, etc - 1844 - 700 pages
...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... | |
 | John William Smith - Contracts - 1847 - 438 pages
...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... | |
 | William Burge - Bail - 1847 - 626 pages
...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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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... 
