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" 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, —... "
Cases decided in the House of Lords, on appeal from the courts of Scotland ... - Página 99
de Great Britain. Parliament. House of Lords, George Robinson - 1840
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Reports of Cases Argued and Determined in the High Court of ..., Volumen 3

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...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

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...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

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...
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Reports of Cases Argued and Determined in the Courts of Exchequer ...

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...
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The Scottish Jurist: Containing Reports of Cases Decided in the House of ...

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...
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Reports of Some Cases Adjudged in the Courts of the Lord Chancellor, Master ...

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...
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Reports of Cases Heard and Decided in the House of Lords on ..., Volumen 7

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...
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Reports of Cases in Chancery, Argued and Determined in the Rolls ..., Volumen 21

Charles Beavan, Henry Bickersteth Baron Langdale, John Romilly Baron Romilly, Chaloner William Chute - 1858
...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...
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The Law Chronicle: A Monthly Journal, Volumen 4

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...
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A Selection of Leading Cases in Equity: With Notes, Volumen 3

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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