Sureties
Jurisdiction | England & Wales |
Judgment Date | 01 January 1634 |
Date | 01 January 1634 |
Court | High Court of Chancery |
English Reports Citation: 21 E.R. 161
HIGH COURT OF CHANCERY
157, sureties. A surety relieved here where a bond is contained in use without his privity, he thinking the same to be paid. As Saunders [181] contra Smith and Churchill, about 10 Car. li. A. fo. 664 [1634-35]. Bullock contra Pope, Mich. 11 Car. [1635]. Fotherby contra Hutchins, in 2 Car. [1626-27]. Wilson contra Dunstar, in Mich. 15 Jac. li. B. fo. 565 and 647 [1617]. Hollis contra Deane, in Hil. 13 Jac. li. A. fo. 606 [1616]. Johnson contra Pudicot and al', one became bound with sureties, and afterwards bankrupt, the creditors sued the sureties, because they were remediless as against the 0. I.-6 162 survivor Toranuc-, 182. bankrupt, yet ordered not to take any advantage, in Mieh. 10 Jac. li. A. fo. 65, or 165 [1612]. Bourne contra Ironmonger, in Mich. 17 Jac. [1619). Little alias Brooke contra Good and al' in Trin. 16 Jac. [1618], to the contrary of the aforesaid note, li. B. fo. 1584. Saunders contra Churchill and Smith, 10 & 11 Jac. li. A. fo. 664, and 728 [1613], the plaintiff heing bound with the said Churchill's father for payment of money at a day which the plaintiff supposed the money had been paid accordingly, the money was not paid, the said Churchill the father dies three years after, upon whose death the obligee puts the bond in suit against the plaintiff, but in respect the bond was continued without the plaintiff's privity...
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