| Great Britain. Court of Chancery, John Herman Merivale - 1819
...who is suing here to a Court of law for the discharge to which he is equally entitled in this place. **The rule is this — that, if a creditor, without the consent of the surety,** gives time to the principal debtor, by so doing he discharges the surety ; that is, if time is given... | |
| Samuel Comyn - 1824 - 654 páginas
...paid at any time; and the question was, whether defendant was discharged: The Lord Chancellor said, " **The rule is this, that if a creditor, without the consent of the surety,** gives time to the principal debtor, by so doing he discharges the surety; that is, if time is given... | |
| Robert Philip Tyrwhitt - 1835
...also at law : — " The rule is this, that if a creditor, without the consent of the surety, gives **time to the principal debtor, by so doing he discharges the surety ; that is, if time** is given by virtue of positive contract between the creditor and the principal, not where the creditor... | |
| Sir Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835
...remarking that the rule recognised by Courts of law is the same as that adopted in Courts of equity : — " **The rule is this, that if a creditor, without the consent of the surety,** gives time to the principal debtor, by so doing he discharges the surety ; that is, if time is given... | |
| 1841
...think entirely correct. In the case of Samuell v. Howarth, in 3d Merivale, 278, Lord Eldon says, " **The rule is this, that if a creditor, without the consent of the surety, give time to the principal** dehtor, hy so doing he discharges the surety ; that is, if time he given hy virtue of positive contract... | |
| Charles Purton Cooper - 1841 - 676 páginas
...who is suing here, to a court of law for the discharge to which he is equally entitled in this place. **The rule is this, that if a creditor, without the consent of the surety,** gives time to the principal debtor, by so doing he discharges the surety ; that is, if time is given... | |
| Great Britain. Parliament. House of Lords - 1842
...it down, and which I think entirely correct. Lord Eldon says, in the case of Samuell v. Howarth (k), **"The rule is this, — that if a creditor, without the consent of** a surety, gives time to the principal debtor, by so doing he discharges the surety ; that is, if time... | |
| 1858
...the discharge of the surety, was slated by Lord Eldon thus, in Samuel v. Howarth (3 Mer. 272, 278): " **The rule is this, that if a creditor, without the consent of the surety,** gives time to the principal debtor, by so doing he discharges the surety — that is, if time is given... | |
| Frederick Thomas White, Owen Davies Tudor - 1859
...principal debtor, without the consent of the surety, releases the surety. "The rule," observed Lord Eldon, **is this, "that if a creditor, without the consent of the surety,** gives time to the principal debtor, by so doing he discharges the surety, that is, if time is given... | |
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