A Selection of Leading Cases in Equity; With Notes
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Hurlburt, 13 Wend.
377 ; Bethune v. Dozier, 10 Georgia, 235.
Although the discharge of the surety by time given to the principal, grows out of the disturbance of the relations between them, it may occur even when the surety has made him- self answerable solely at the request of the creditor, and without the wish or knowledge of the principal. For, although the law will not aflFord any indemnity to one who has made him- self liable for the debt of another, without his assent, yet equity will reg...ard the assumption of such a lia- bility followed by payment, as a pur- chase of the debt, and as entitling the purchaser to protection, against subse- quent acts tending to impair the value of what he has purchased. And as REBS V. BERRINGTON.
561 the right of discharge is founded upon, and a mere corollary to that of subro- gation, it extends beyond the relation of principal and surety, and will arise whenever the right to be subrogated exists on the one side, and is wrong- fully destroyed or violated on the other; ante, vol.
What to read after A Selection of Leading Cases in Equity; With Notes?
You can find similar books in the "Read Also" column, or choose other free books by Wallace, H. B. (Horace Binney), 1817-1852 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Hurlburt, 13 Wend.
377 ; Bethune v. Dozier, 10 Georgia, 235.
Although the discharge of the surety by time given to the principal, grows out of the disturbance of the relations between them, it may occur even when the surety has made him- self answerable solely at the request of the creditor, and without the wish or knowledge of the principal. For, although the law will not aflFord any indemnity to one who has made him- self liable for the debt of another, without his assent, yet equity will reg...ard the assumption of such a lia- bility followed by payment, as a pur- chase of the debt, and as entitling the purchaser to protection, against subse- quent acts tending to impair the value of what he has purchased. And as REBS V. BERRINGTON.
561 the right of discharge is founded upon, and a mere corollary to that of subro- gation, it extends beyond the relation of principal and surety, and will arise whenever the right to be subrogated exists on the one side, and is wrong- fully destroyed or violated on the other; ante, vol.
What to read after A Selection of Leading Cases in Equity; With Notes?
You can find similar books in the "Read Also" column, or choose other free books by Wallace, H. B. (Horace Binney), 1817-1852 to read onlineMoreLess
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