 | Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 pages
...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,...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 the original... | |
 | Samuel Comyn - 1824 - 680 pages
...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 the principal...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 the original... | |
 | South Carolina. Constitutional Court of Appeals, David James McCord - 1830 - 612 pages
...could be made on the surety, he might enforce a payment from the principal contrary to the agreement. The surety is held to be discharged for this reason...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 the original... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835 - 1012 pages
...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 the principal,...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 the original... | |
 | Great Britain. Court of Exchequer - 1835 - 1150 pages
...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. Parliament. House of Lords, George Robinson - 1840 - 680 pages
...discharged for the seth May 1840. " reason, because the creditor by so giving time to the Ld chancellor's " principal has put it out of the power of the surety to Speech. " consider whether he will have recourse to his remedy " against the principal or not ; because... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 714 pages
...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,...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... | |
 | 1841 - 668 pages
...and in the case put, the surety is held to he discharged ; for this reason, hecause the creditor, hy so giving time to the principal, has put it out of...recourse to his remedy against the principal or not, hecause he, in fact, cannot have the same remedy against the principal as he could have had under the... | |
 | Great Britain. Parliament. House of Lords - 1842 - 1054 pages
...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... | |
 | 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,... 
