 Viet. c. 97), it is provided that " every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee...  The Jurist - Page 2131857Full view - About this book
 | 1860 - 768 pages
...security which shall be held by the creditor in respect of such debt, whether such judgment, etc., shall or shall not be deemed at law to have been satisfied by the payment of the debt, etc., and such surety shall be entitled to stand in the place of the creditors, with all the same remedies... | |
 | 1863 - 620 pages
...surety was entitled to every security held by the creditor, " whether such security should or should not be deemed at law to have been satisfied by the payment of the debt " ; and argued that the Court would not allow a payment made under an order of the Court to have unintentionally... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1864 - 732 pages
...Mercantile Law Amendment Act, 1856, 19 & 20 Viet. c. 97, s. 5, by which a surety is entitled to have assigned to him, or to a trustee for him, every judgment, specialty or other security held by the creditor, whether it shall or not be deemed, at law, to have been satisfied by the payment... | |
 | Newfoundland - 1868 - 148 pages
...ail Debt or Duty, shall pay such Debt, or perform such aeouruies. ° Duty, shall be entitled to have assigned to him, or to a Trustee for him, every Judgment, specialty or other security, which shall bo held by the Creditor in respect of such Debt, or Duty, whether such Judgment, specialty or other... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1869 - 732 pages
...Mercantile Law Amendment Act, 1856, 19 & 20 Viet. c. 97, s. 5, by which a surety is entitled to have assigned to him, or to a trustee for him, every judgment, specialty or other security held by the creditor, whether it shall or not be deemed, at law, to have been satisfied by the payment... | |
 | Great Britain. Courts - 1870 - 556 pages
...section, which entitles the surety or person jointly liable who has paid the debt to have assigned to him " every judgment, specialty, or other security...shall be held by the creditor in respect of such debt, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been... | |
 | Edmund Henry Turner Snell - 1872 - 640 pages
...been abolished, and a surety is now entitled to have assigned to him every 'judgment, specialty, or security which shall be held by the creditor in respect of such debt, whether such judgment, &c., shall or shall not at law be deemed to have been satisfied by the payment... | |
 | Nova Scotia - 1873 - 1020 pages
...with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to have assigned to him or to a trustee for him, every judgment,...be held by the creditor in respect of such debt or dnty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have... | |
 | Sir John Barnard Byles - 1874 - 860 pages
...with another for any debt or duly, shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security whijh shall be held by the creditor in respect of such debt or duty, whether such judgment, specialty,... | |
 | Upper Canada. Court of Common Pleas - 1875 - 828 pages
...notes being in him. pay such debt or perform such duty, shall be entitled to have assigned to him or a trustee for him every judgment, specialty, or other...by the creditor in respect of such debt or duty." The verdict of the jury having established that the notes mentioned in the first count of the declaration... | |
| |
