| Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 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... | |
| Samuel Comyn - 1824 - 680 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... | |
| Great Britain. Court of Exchequer - 1835 - 1150 páginas
...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... | |
| 1841 - 668 páginas
...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... | |
| Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 720 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 - 1054 páginas
...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... | |
| Great Britain. Court of Chancery, Charles Beavan - 1858 - 712 páginas
...which the equity is founded does not apply. Lord Eldon states it thus in Samuell v. Howarth (a) : " 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... | |
| 1858 - 488 páginas
...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 - 760 páginas
...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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