...prevails both in courts of law and in courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...a former debt, as a promise without consideration. Although the amount of 1 ::<)<>/. is constituted here by separate promissory notes, and, although at...

...prevails both in courts of law and courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...constitution of a new, but the revival of an old debt. So, where a bankrupt is discharged by his certificate, he cannot, for that reason, impeach a subsequent...

...which prevails both in Courts of Law and Courts of Equity. On the other hand, if the surety afterwards make a promise to pay, he cannot object to that, as...promise without consideration; the promise is valid, not •is the constitution of a new, but the revival of an old debt. So, when a bankrupt is discharged...

...pay : he cannot object to that as a promise surety after 'in18 • i -i « i • i- 1 i • given. without consideration : the promise is valid, not...constitution of a new, but the revival of an old debt. Mayhem v. Crickett, 2 Swanston, 185, 189. If a creditor, having given time to the debtor primarily...

...Vesey, 106, 109. If a surety, after time given by the creditor to the principal, New promise by makes a promise to pay : he cannot object to that as a promise s y ret y aft e r time without consideration: the promise is valid, not as the constitution of a new,...

...sufficient to revive the liability, and that such promise was valid without any new consideration, not as the constitution of a new but the revival of an old debt. Smith v. Winter, 4 M. & W. 462. Where the guaranty provided that the principal might extend the period...

...prevails both m courts of law and in courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...promise is valid, not as the constitution of a new, but as the revival of an old debt." And again, at page 191, he says, "If ;he creditor takes the goods of...

...prevails both in courts of law and in courts of equity. On the other hand, if the surety afterwards makes a promise to pay, he cannot object to that as a promise...former debt, as a promise without consideration." That case has never been impugned in any court either of law or equity. In Smith v. Winter, 4 M. &...

...12 East, 38 ; 2 Camp., 332, SC The same doctrine is laid down in Brandt on Surety, 407, sec. 300. " The promise is valid, not as the constitution of a new, but the revival of an old debt." See authorities there cited. Also, Porter v. Hodenpuyl, 9 Mich., 11 ; Mlis v. Bett, 2 Stew. (Ala.),...

...the other hand, if the surety afterward makes a promise to pay, he cannot object to that as apromise without consideration ; the promise is valid, not...constitution of a new, but the revival of an old, debt." A surety upon a note, induced to become such by fraud, waives his defense b}' requesting the payee...