 ... of contract, but even by means of securities entered into without the knowledge of the surety, having a right to have those securities transferred to him, though there was no stipulation for that, and to avail himself of all those securities against...  A Selection of Leading Cases in Equity: With Notes - Seite 139von Frederick Thomas White, Owen Davies Tudor - 1859Vollansicht - Über dieses Buch
 | Great Britain. Court of Chancery, John Herman Merivale - 1819 - 766 Seiten
...become exonerated from their liability as indorsers (a), appears to have been 1817. (a) " A surety is entitled to every remedy which the creditor has against...of payment ; to stand in the place of the creditor, notonly through the medium of contract, but even by means of securities entered into without the knowledge... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1824 - 630 Seiten
...the sureties, for contribution. Itresdu from the maxim, that equality is equity. Again; a surety W'M be entitled to every remedy which the creditor has...of payment; to stand in the place of the creditor, even as to securities entered into, without the knowledge of the surety; hftving a right to have these... | |
 | South Carolina. Constitutional Court of Appeals, David James McCord - 1830 - 612 Seiten
...the same remedy against the principal, as he would have had under the original contract. A surety is entitled to every remedy which the creditor has against the principal debtor," and cases are referred to in support of each position. " But it is said the mere taking the body in... | |
 | William Theobald - 1832 - 324 Seiten
...5 Esp. NPC 171. In Craythorne v. Swinburne (a), the Lord Chancellor, arguendo, said, " A surety is entitled to every remedy which the creditor has against...but even by means of securities entered into without his knowledge, having a right to have those securities transferred to him though there was no stipulation... | |
 | Great Britain. Court of Exchequer, Edward Younge, John Collyer - 1838 - 780 Seiten
...Lordship's judgment proceeded on the rule of equity as stated by Sir S. Romilly — namely, that " a surety will be entitled to every remedy which the creditor...enforce every security and all means of payment." The case of Hudson v. Stalwood (a) is an authority to shew that this rule is regarded even at law.... | |
 | Joseph Story - 1839 - 658 Seiten
...luminously expounded in the argument of Sir Samuel Romilly in Craythorne v. Swinburne (14 Ves. 159); and Lord Eldon, in giving judgment in that case, sanctioned...through the medium of contract, but even by means of securtties entered into without the knowledge of the surety ; having a right to have those securities... | |
 | Alabama. Supreme Court - 1846 - 1178 Seiten
...was said by Lon? Eldon, in the case of Craythorne v. Swinburne, 14 Ves. Rep. 162, that "a surety is entitled to every remedy which the creditor has against...in the place of the creditor, not only through the medinm of contract, but even by means of securities entered into without his knowledge, having a right... | |
 | Great Britain. Court of Chancery - 1855 - 830 Seiten
...sanctioned the exposition by his full approval. " A surety," to use the language of Sir S. Eomilly's reply, " will be entitled to every remedy which the...all means of payment; to stand in the place of the Eossessing the rights which arise from having paid money for im which I had voluntarily, and without... | |
 | Iowa. Supreme Court - 1858 - 708 Seiten
...courts of equity, which, under circumstances closely analogous, entitle a surety who pays the debt, to every remedy which the creditor has against the...of payment; to stand in the place of the creditor; to have all securities transferred to him ; and to avail himself of them against the debtor. This right... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 664 Seiten
...Samuel Romilly's argument, in Craythorne v. Swinburne, 14 Ves. 162, he said, " a surety will be entitled to stand in the place of the creditor, not only through...entered into without the knowledge of the surety." And this doctrine was approved by Lord Eldon, in the decision made by him in that Taft v. Gifford &... | |
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