A Treatise On the Law of Mercantile Guaranties, And of Principal And Surety in General

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The plaintiff went abroad, and the trustees refusing to pay the annuity, the plaintiff was compelled to pay. He then filed his bill against the trustees and the wife to be reimbursed out of the dividends, and to havei a portion of them set aside for the future payment of the annuity ; which was ordered.
Upon the same principle the surety for a receiver is in equity entitled to stand in the place of the receiver to the (a) 11 Tes. jun. 23.
(6) 11 Tes. jun. 23.
(1) If a creditor bring a suit agai
...nst the principal, and the principal give a bail bond with a surety, this latter surety, upon paying the debt, has no right of action upon the original surety.
Douglass V. Fagg, (8 Leigh, 588) ; Patterson v. Pope, (5 Dana, 24) ; Smith v. Bing, (3 Ohio, 33).
The doctrine of the text was not sustained in the case of Simmes v. Naylor, (12 Gill & Johnson, 358).
OR MAKE A SUBSEQUENT ASSIGNMENT. 263 extent of any demand of the surety in respect of advances made by him in that capacity, and to have a lien upon the general balance found due to the receiver, in preference to creditoi-s claiming under an assignment executed subse- quently to the period of such advances.


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