The Principles of the Law of Contracts And Torts With a Short Outline of the L

Cover The Principles of the Law of Contracts And Torts With a Short Outline of the L
The Principles of the Law of Contracts And Torts With a Short Outline of the L
A M Alured Myddelton Wilshere
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Sk [1913] 3 K. B. 335; 82 L. J. K. B. 1033).
(a) Commercial Bank of Tasmania v. Jones [1893] A. C. 313; 68 L. T. 770.
(b) Section 28, sub-section 4.
(c) Section 16, sub-section 20. A payment made by the debtor to the creditor, which is afterwards set aside as a fraudulent preference in the debtor's bank- ruptcy, does not discharge the surety (Petty v. Cooke, L. R. 6 Q. B. 790; 40 L. J. Q. B. 281). , (d) Price v. Barker, 4 E. & B. 760.
(e) Perry v. Nat. Prov. Bank of England [1910] 1 Ch. 464; 79
... L. J. Ch. 509; 102 L. T. 300.
CONTRACTS OF INDEMNITY AND SURETYSHIP. 245 2. By any transaction which varies the position or hability of the surety without his consent (/), as, e. G. : — i. When co-sureties agree to become sureties jointly and severally, and one of them fails to execute the agreement of suretyship or is released by the principal creditor (g) ; but a surety who contracts only severally is not released by the I'elease of a co-surety, or his failure to execute the agreement (h).
ii.


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