 | New York (State). Court of Chancery, William Johnson - 1824 - 748 páginas
...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 - 1839 - 658 páginas
...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...to any suit 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... | |
 | Alabama. Supreme Court - 1871 - 818 páginas
...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 - 1849 - 714 páginas
...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 required by the...any suit 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... | |
 | 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 - 1850 - 614 páginas
...as follows : " If a creditor does any act injurious to the surety, or inconsisten with his rights ; or. if he omits to do any act, when required by the...to any suit brought against him, if not at law, at all events iri equity." (1 Slory's Eq. § 325.) After a very diligent examination of the authorities... | |
 | Asa Kinne - 1852 - 736 páginas
...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 required by the...to any suit 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... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 páginas
...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 - 1858 - 796 páginas
...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 required by the...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 - 1861 - 1008 páginas
...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 - 1865 - 748 páginas
...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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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... 
