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" A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and, if the creditor... "
The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence - Stranica 191
1858
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Reports of Cases Argued and Determined in the High Court of ..., Opseg 2

Great Britain. Court of Chancery, Clement Tudway Swanston - 1822 - Broj stranica: 648
...Trent A r avigalion Company v. Harley, 10 East .14. Ex parte Mure, 2 Cos, 65. 74. CnlCEETT. and Others. Sureties are entitled to the benefit of every security which the creditor has against the principal. Distinction between a creditor remaining passive, and taking out and withdrawing execution. 1818. The...
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A General Treatise on the Principles and Practice by which Courts ..., Opseg 2

John Eykyn Hovenden - 1825 - Broj stranica: 734
...a specialty creditor: againsuhe prin. of the principal (») ; or there would be an end of the rule, that, sureties are entitled to the benefit of every...security which the creditor has against the principal (a). A surety for a receiver is entitled to stand in his in what case, place, so as to have a claim...
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Report of Cases in Chancery: Argued and Determined in the Rolls ..., Opseg 24

Great Britain. Court of Chancery, Charles Beavan - 1858 - Broj stranica: 776
...Cricket t ( b), and it is laid down distinctly (a) 14 Vesey, 164, 169. (6) 2 Swan. 191. terms of it. distinctly, that sureties are entitled to the benefit...securities, the surety is entitled to the benefit of it. The case of Capelv. Buiter (a) is a distinct authority for this proposition. Mr. Ellis sought to distinguish...
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Parliamentary Papers, Opseg 49

Great Britain. Parliament. House of Commons - 1868 - Broj stranica: 724
...for, is invested with all the rights which the creditor had against the principal. 140. A surety is entitled to the benefit of every security which the creditor has against the principal at the time the contract is entered into, whether the surety knows or docs not know of the existence...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1878 - Broj stranica: 710
...subsequently acquired by the creditor ; and this is in accordance with the English law(«).] 141. A surety is entitled to the benefit of every security which the creditor has against Surety's right . J , ° to benefit of ere- the principal debtor at the tune when ditor's securities....
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Principles of Contract at Law and in Equity: Being a Treatise on ..., Str. 776

Frederick Pollock - 1876 - Broj stranica: 692
...himself against the principal debtor is thereby impaired, the surety is discharged " (a). " A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence...
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The Law Times, Opseg 67

1879 - Broj stranica: 624
...doctrine was enunciated by Lord Eldon in Mayhew v. Crickett (2 Swan. 191), where the principle is stated that sureties are entitled to the benefit of every...existence of those securities or not is immaterial." The short report of Ex parts Ooerend, Gurney and Co. (20 LT Bep. NS 296) states the principle that...
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Principles of Contract: Being a Treatise on the General Principles ..., Str. 776

Frederick Pollock - 1885 - Broj stranica: 844
...himself against the principal debtor is thereby impaired, the surety is discharged" (p). " A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1894 - Broj stranica: 688
...the mortgage-debt is one of the persons who may redeem the mortgaged property.] 141 • -A. surety is entitled to the benefit of every security which the creditor has against the Snretr's right to . . , , , benefit of creditor's principal debtor at the time when the contract of...
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The Unrepealed General Acts of the Governor General in Council: 1868-76

India - 1898 - Broj stranica: 600
...invested with all the rights which the creditor had against the principal debtor. 141. A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence...
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