 Indeed the proposition may be stated in a more general form ; that if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act when required by the surety, which his duty enjoins him to do, and the...  Reports of Cases Decided in the Court of Appeals of the State of New York - Page 462by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850Full view - About this book
 | New York (State). Court of Chancery, William Johnson - Equity - 1824 - 748 pages
...his defence at law. Ibid. 6. Where a creditor does an act injurious to the surety, or omits to do an act, when required by the surety, which his duty enjoins...do, and the omission proves injurious to the surety, the latter is discharged, and may set up such conduct of the creditor, us a defence to a suit at law... | |
 | Joseph Story - Equity - 1839 - 658 pages
...stated in a more general form ; that if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act when...brought against him, if not at law, at all events in Equity. 4 § 326. It is upon this ground that if a creditor, without any communication with the... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1846 - 628 pages
...consideration. Ibid. 13. It is a general rule that if a ereditor does any act injurious to the surety, or omita to do any act when required by the surety, which his duty injoins him to do, and the omission proves injurious to the surety, in all such cases the latter will... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1871 - 818 pages
...any act injurious to the surety, or inconsistent with his rights. He is likewise bound not to omit to do any act, when required by the surety, which his duty enjoins him to do, and which, if omitted, would prove injurious to the surety. If he does, the surety is discharged to the... | |
 | Georgia. Supreme Court - Equity - 1849 - 714 pages
...? Judge Story says — " That if a creditor does any act, injurious to the surety, or inconsistent with his rights, or if he omits to do any act, when...brought against him — if not at Law, at all events, in Equity." Story's Eq. Jur. §325. And in a note to the text, he remarks — " The proposition is... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...estate.^— Pot/iier des Oblig., no. 406. If a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act, when...brought against him, if not at law, at all events in equity. — The People v. Janssen, 7 Johns. R., 332. S. P 2 Johns. C/i. R., 554. Theobald on Principal... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...form, thus, " If a creditor does any act injurious to the surety or inconsistent with his rights, or omits to do any act when required by the surety, which...do, and the omission proves injurious to the surety, he will be discharged." Story's Eq. p. 321. So also where a creditor enters into a contract which defers... | |
 | Great Britain. Court of Chancery - Equity - 1858 - 796 pages
...up by Mr. Justice Story (b):—" If a creditor does any act injurious to the surety or inconsistent with his rights; or if he omits to do any act, when...in all such cases the latter will be discharged." No authority carries the doctrine beyond this. In Watson v. Allcoch(c), the surety was damnified by... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1861 - 1008 pages
...does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act which his duty enjoins him to do, and the omission proves injurious to the surety, the surety will be discharged. By articles of agreement H. agreed with W. (the plaintiff) to complete... | |
 | California. Supreme Court - Law reports, digests, etc - 1865 - 748 pages
...Story, speaking of the equities between the creditor and surety, says (Story Eq. Jur. Vol. 1, §325) : " If he omits to do any act, when required by the surety,...to the surety, in all such cases, the latter will he discharged ; he may set up such conduct as a defense to any suit brought against him, if not at... | |
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