 | Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 страници
...become exonerated from their liability as indorsers (a), appears to have been 1817. (a) " A surety is entitled to every remedy which the creditor has against...the principal debtor; to enforce every security and all means of payment ; to stand in the place of the creditor, notonly through the medium of contract,... | |
 | Henry Maddock - 1820 - 788 страници
...same remedy against the Principal as he would have had under the original contract (z). A Surety is entitled to every remedy which the creditor has against...principal Debtor ; to enforce every security, and all means of payment ; to stand in the place of the Creditor, not only through the medium of contract,... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1824 - 630 страници
...the sureties, for contribution. Itresdu from the maxim, that equality is equity. Again; a surety W'M be entitled to every remedy which the creditor has...the principal debtor; to enforce every security, and all means of payment; to stand in the place of the creditor, even as to securities entered into, without... | |
 | Great Britain. Court of Chancery - 1827 - 650 страници
...equality is equity : proceeding where the instruments are several, very much upon this ; that a surety will be entitled to every remedy, which the creditor...the principal debtor ; to enforce every security and all means of payment; to stand in the place of the creditor; not only through the medium of contract,... | |
 | South Carolina. Constitutional Court of Appeals, David James McCord - 1830 - 612 страници
...the same remedy against the principal, as he would have had under the original contract. A surety is entitled to every remedy which the creditor has against the principal debtor," and cases are referred to in support of each position. " But it is said the mere taking the body in... | |
 | William Theobald - 1832 - 324 страници
...5 Esp. NPC 171. In Craythorne v. Swinburne (a), the Lord Chancellor, arguendo, said, " A surety is entitled to every remedy which the creditor has against...the principal debtor; to enforce every security, and all means of payment ; to stand in the place of the creditor, not only through the medium of contract,... | |
 | Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - 1834 - 772 страници
...the exposition by his full approval. " A surety," to use the language of Sir S. Romilly's reply, " will be entitled to every remedy which the creditor...the principal debtor, to enforce every security and all means of payment; to stand in the place of the creditor, not only through the medium of contract,... | |
 | Great Britain. Court of Exchequer, Edward Younge, John Collyer - 1838 - 780 страници
...Lordship's judgment proceeded on the rule of equity as stated by Sir S. Romilly — namely, that " a surety will be entitled to every remedy which the creditor...the principal debtor, to enforce every security and all means of payment." The case of Hudson v. Stalwood (a) is an authority to shew that this rule is... | |
 | Joseph Story - 1839 - 658 страници
...the exposition by his full approval. ' A surety,' to use the language of Sir S. Romilly's reply, ' will be entitled to every remedy which the creditor...the principal debtor, to enforce every security and all means of payment; to stand in the place of the creditor, not only through the medium of contract,... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 720 страници
...Vesey, 12, 22. In arguing Craythornev. Swinburne, 14 Vesey, 160, 162, Sir Samuel Romilly said, a surety will be entitled to every remedy, which the creditor...the principal debtor to enforce every security and all means of payment; to stand in the place of the creditor, not only through the medium of contract,... | |
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A surety,' to use the language of Sir S. Romilly's reply, 'will be entitled to every remedy which the creditor has against the principal debtor ; to enforce every security and all means of payment ; to stand in the place of the creditor, not only through... 
