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" ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding... "
The Law Times Reports: Containing All the Cases Argued and Determined in the ... - Page 204
1895
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Laws of Trinidad: Ordinances of the Council of Government, from No ..., Volume 2

Trinidad - 1883 - 506 pages
...entitled to stand in the place of the creditor, and to use all the remedies, and, if need be and upon a proper indemnity, to use the name of the creditor...indemnification for the advances made and loss sustained by the psrson who shall have so paid such debt or performed such duty, and such payment or performance so...
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Nova Scotia Judicature Act, 1884: With Rules and Forms

Nova Scotia - 1884 - 794 pages
...the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemity, to use the name of the creditor in any action or other...obtain from the principal debtor, or any co-surety or co-contractor, or co-debtor, as the case may be, indemnification for the advances made and the loss...
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Commentaries on Equity Jurisprudence

Joseph Story - 1884 - 1164 pages
...entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding at law or equity, in order to obtain from the principal debtor, or any co-security, co-contractor, or co-debtor,...
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A Treatise on the Effect of the Contract of Sale on the Legal Rights of ...

Colin Blackburn Baron Blackburn - 1887 - 478 pages
...entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor,...sustained by the person who shall have so paid such debt.] (d) Bird v. Rrown, 4 Ex. 786; 19 LJ Ex. 154. (e) Halchings v. Nuncs, 1 Moo PCCNS 243. (/) Benjamin...
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A Treatise on the Law of Guarantees and of Principal and Surety

Henry Anselm De Colyar - 1887 - 394 pages
...payment of the debt or performance of the duty, and such person shall be entitled to stand in the place of the creditor, in any action or other proceeding at law or in equity, in order to obtain from tho principal debtor, or any co-surety, cocontractor, or co-debtor, as the case may be, indemnification...
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Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Volume 2

Judah Philip Benjamin - 1888 - 1034 pages
...entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the, name of the creditor...shall have so paid such debt or performed such duty," &c.2 The opinion submitted in the text is confirmed by the decision of Jessel, MR, in the case of The...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 1

John William Smith - 1888 - 846 pages
...entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, upon a proper indemnity, to use the name of the creditor in any action or other proceedings at law or in equity, in order to obtain from the principal debtor, or any co-surety, co-contractor,...
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A Dictionary of American and English Law: With Definitions of the Technical ...

Stewart Rapalje, Robert Linn Lawrence - 1888 - 674 pages
...assigned, to himself or a trustee, every judgment, specialty or other security held by the creditor, and to use the name of the creditor in any action or other proceeding. <S 5. Discharge of surety. — If the creditor releases the principal debtor, this will discharge the...
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The Weekly Reporter: Appellate High Court, Volume 21

David Sutherland - 1892 - 654 pages
...stand in the " place of the creditor, and to use all the " remedies, and, if need be, and upon a " proper indemnity, to use the name of the ! " creditor, in any action or other proceeding " at law or equity, in order to obtain from the " principal debtor, or any co-security, co" contractor, or co-debtor,...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1894 - 688 pages
...entitled to stand in the plaoe of the creditor and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor...have so paid such debt or performed such duty ; and suoh payment or performance so made by such surety shall not be pleadable in bar of any suoh action...
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