 | Great Britain. Court of Chancery, Sir George James Turner, James Russell - 1832 - 598 páginas
...bond paid off after the death of the principal, the questions are, whether, inasmuch as at the death of the principal there was money due upon the bond,...considered that this was a joint bond, and that no action at law could be maintained except against the surety, the surviving debtor, it is a strong proposition... | |
 | Joseph Story - 1839 - 658 páginas
...bond paid off after the death of the principal, the questions are, whether, inasmuch as at the death of the principal there was money due upon the bond,...considered, that this was a joint bond, and that no action at law could be maintained except against the surety, the surviving debtor, it is a strong proposition... | |
 | Edward Erastus Deacon - 1839 - 818 páginas
...creditor had received. Walker \. Hardman (a) is, also, to the same effect. It makes no difference, in the right of the surety to stand in the place of the creditor, whether he is surety for the whole, or for only a part of the debt. Besides, it is not in proof here,... | |
 | Great Britain. Court of Chancery, Charles Purton Cooper - 1841 - 714 páginas
...bond paid off after the death of the principal, the questions are, whether inasmuch as at the death of the principal there was money due upon the bond,...purpose, the right of the surety to stand in the place of creditor can be maintained. Living the principal debtor, the surety could only bring indebitatus assumpsit... | |
 | Joseph Story - 1853 - 890 páginas
...principal, the questions are : Whether, inasmuch as, at the death of principal, there was money due.upon the bond, there was an Equity on the part of the surety...considered that this was a joint bond, and that no action at law could be maintamed except against the surety, the surviving debtor, it is a strong proposition... | |
 | 1863 - 804 páginas
...then no farther advance made by him to the mortgagor conld be tacked on to his first mortgage; and the right of the surety to stand in the place of the first mortgagee in respect of his first mortgage when paid off, in case the surety advanced any money... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1864 - 732 páginas
...no further advance made by him to the mortgagor could be tacked on to his first mortgage, nor could the right of the surety to stand in the place of the first mortgagee, in respect of his first mortgage when paid off, be contested, in case the surety advanced... | |
 | Joseph Story - 1866 - 860 páginas
...paid off after the death of the principal, the questions are : Whether, inasmuch as, at the death of principal, there was money due upon the bond, there...considered that this was a joint bond, and that no action at law could be maintained except against the surety, the surviving debtor, it is a strong proposition... | |
 | Great Britain. Court of Chancery - 1869 - 638 páginas
...Ex parte Rushforth (2), Ex parte Holmes (3), and Thornton v. McKewan (4), and many other cases. But the right of the surety to stand in the place of the creditor as to the dividend upon the amount paid by him, may, by contract, be waived in favour of the creditor... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1869 - 732 páginas
...no further advance made by him to the mortgagor could be tacked on to his first mortgage, nor could the right of the surety to stand in the place of the first mortgagee, in respect of his first mortgage when paid off, be contested, in case the surety advanced... | |
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Then the question is, whether by the death of the principal he is to be converted in a Court of Equity into a specialty creditor against his assets. With respect to the bond paid off after the death of the principal, the questions are, whether, inasmuch... 
