 | George Shall Yerger, Tennessee. Supreme Court - Law reports, digests, etc - 1834 - 626 pages
...defendants sue Gunter. This brings it to a simple case of delay. The established doctrine is, "that mere delay in calling on the principal will not discharge the surety." King vs. Baldwin, 2J. CC 559, per Kent: 16 John. 134:2 >Vheat. 557: 3 Bos. and Pull, 61. NASHvILIE,... | |
 | Esek Cowen - Justices of the peace - 1841 - 590 pages
...consideration, made between the principal debtor and his creditor, will not discharge a surety.(c) And mere delay in calling on the principal, will not discharge the surety. And where A., in payment of a debt, endorsed to B. the note of C., and by the endorsement " waived demand... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...the principal debtor and his creditor, will not discharge a surety. 2 Hall's Super. Ct. R. 185. And mere delay in calling on the principal, will not discharge the surety. And where A. in payment of a debt, endorsed to B. tho note of C., and by the endorsement "waived demand... | |
 | Theophilus Parsons - Contracts - 1857 - 936 pages
...decisions will he found to have proceeded on. this ground." the same views. In 1811 this court decided that a mere delay in calling on the principal will not discharge the surety, (f) Of this there seems no question ; and the objection to discharging him where he requests a collection... | |
 | Law - 1877 - 1004 pages
...own ability in this respect. Thus, in Johnston v. Searcy, p. 182, the original reporter's note is: " Mere delay in calling on the principal will not discharge the surety," with a statement added of the case in judgment, being that of an endorser who had waived demand and... | |
 | Law - 1877 - 980 pages
...own ability in this respect. Thus, in Johnston v. Searcy, p. 182, the original reporter's note is: " Mere delay in calling on the principal will not discharge the surety," with a statement added of the case in judgment, being that of an endorser who had waived demand and... | |
 | Law - 1878 - 560 pages
...But Chancellor Kent, in King v. Baldwin, 2 Johns. Ch. 554, says: "The established doctrine is, that mere delay in calling on the principal will not discharge the surety, provided that delay be unaccompanied with ftnv a**t-.t.lfid nr Hinrliney rnntraot fnr t.hftt. nlirnose.... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1880 - 764 pages
...commenting upon it, KENT, C., says in King v. Baldwin, 2 Johns. Ch., 554: "The established doctrine is, that mere delay in calling on the principal will not discharge the surety, provided that delay be unaccompanied with any settled or binding contract for that purpose When the... | |
 | Law reports, digests, etc - 1886 - 800 pages
...requested the payee or the plaintiff to sue Wedge. In Pain v. Packard, 13 Johns. 174 [7 Am. Deo. 369], we say, that a mere delay in calling on the principal...neglect. In this case there is no proof whatever that Matthews, the surety, ever urged or requested the holder of the note to proceed against the principal,... | |
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Johns. 336) will warrant and support this plea. We there say a mere delay in calling on the principal will not discharge the surety. 
