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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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The Law Reports, Chancery Appeal Cases: Including Bankruptcy and ..., Volumen 7

Great Britain. Court of Chancery - 1872 - 992 páginas
...all the cases which have been referred to. I will read this rule as laid down by him (3 Mer. 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 be given...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volumen 1

Nathaniel Cleveland Moak - 1872 - 788 páginas
...all the cases which have been referred to. 1 will read this rule as laid down by him (3 Mer. 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 be given...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1878 - 710 páginas
...necessary. On the other hand the section corresponds exactly to the rule laid down by Lord Eldon. " 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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Commentaries on Equity Jurisprudence: Founded on Story

Sir Thomas Wardlaw Taylor - 1875 - 640 páginas
...satisfied by the payment of the debt(6). 251. 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 principal debtor, not where the creditor...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volumen 15

1875 - 610 páginas
...knowledge of the parties, as in reason it ought to be, which is the foundation of the 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 Bengal Law Reports of Decisions of the High Court at Fort William Civil ...

1885 - 486 páginas
...tbe equity : — " The rule is this, thaf, 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 (i;...
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Lawrance's Bengal Law Reports: Being Decisions of the High Court ..., Volumen 15

1885 - 488 páginas
...knowledge of the parties, as in reason it ought to be, which is the foundation of the 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 Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1894 - 688 páginas
...by Lord Eldon : " 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 i", if time is given by virtue of positive contract between the creditor and the principal — not...
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The Law Quarterly Review, Volumen 14

Frederick Pollock - 1898 - 452 páginas
...present understood cannot be better stated than it was by Lord Eldon in Samuel v. Howarlh, 2 Mer. 272 : ' 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 Scots Revised Reports: House of Lords series, Volumen 7

1899 - 740 páginas
...rule is this, that if a creditor, without the 1 2 Sim. & St. 462. * 1 Sh. & M'L. 553. 8 3 Meriv. 278. consent of the surety, give time to the principal...surety, that is, if time be given by virtue of positive [133] contract between the creditor and principal, not where the creditor is merely inactive ; and...
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