Buy Reports of Cases Argued and Determined in the High Court of Chancery, from the Year M DCC LXXXIX to M DCCC XVII (Volume 18); With a Digested Index
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Home > History and Archaeology > History > Reports of Cases Argued and Determined in the High Court of Chancery, from the Year M DCC LXXXIX to M DCCC XVII (Volume 18); With a Digested Index
Reports of Cases Argued and Determined in the High Court of Chancery, from the Year M DCC LXXXIX to M DCCC XVII (Volume 18); With a Digested Index

Reports of Cases Argued and Determined in the High Court of Chancery, from the Year M DCC LXXXIX to M DCCC XVII (Volume 18); With a Digested Index


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845. Excerpt: ... of his dealing, required a bond for 10,000/. from him, and from his brother, as surety; under which the surety was to be liable only to the extent of 6000/.; if upon the account that amount should be due. On the settlement of accounts a balance of 9500/. appearing to be due, it is clear, that, if Thomas Boultbee, the principal debtor, had given a mortgage for 3500/. that security might have been given, and taken, without prejudice to the bond: but a mortgage was given for 4000/.; reducing the debt therefore below 6000/.; and as to the residue of the debt it was provided, that it should be paid by certain instalments, fixed by the instrument. The consequence of this transaction in equity is, that, the surety continuing liable for the sum of 5500/. remaining due upon the settlement of accounts, and the creditor agreeing with the principal debtor to postpone his remedy, changing his immediate right to sue to a right to call for certain instalments, the effect of that agreement is, that in equity the right against the surety is gone. It is in vain to say, the indulgence to the principal by taking the mortgage, and giving time, may be for the benefit of the surety. It is in most cases for the advantage of the surety; but the law takes so little notice of that circumstance, that if the acceptor of a Bill becomes bankrupt, the holder must give notice to the drawer; as another person has no right to judge, what are his remedies; and the original implied contract being, that, as far as the nature of the original security will admit, the surety, paying the debt, shall stand in the place of the creditor. The cases that have been alluded to, and there is a great -22 variety of them, are those of a creditor, entering into a composition with the person, liable in the ...


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Product Details
  • ISBN-13: 9781150120053
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 188
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1150120053
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 345 gr

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Reports of Cases Argued and Determined in the High Court of Chancery, from the Year M DCC LXXXIX to M DCCC XVII (Volume 18); With a Digested Index
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Reports of Cases Argued and Determined in the High Court of Chancery, from the Year M DCC LXXXIX to M DCCC XVII (Volume 18); With a Digested Index
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