| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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;... | |
| 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... | |
| 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... | |
| 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... | |
| 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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