 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...between a credilor and his debtor is, with the knowledge or assent of the creditor, misrepresented to a surety, the misrepresentation being such, that, but...not have been entered into at all, or, being entered be thereby increased, the security so given is void at law, on the Stieate Coxe and George Chambers,... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1839 - 824 pages
...from the cases to which reference has been made in .the course of argument we take to be this ; that if, with the knowledge or assent of the creditor,...transaction between the creditor and his debtor is mis156 157 represented to the surety, the misrepresentation being such, that but for the same having... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1839 - 956 pages
...drawn from the cases to which reference has been made in the coarse of tbe argument, we take to be this—that, if, with the knowledge or assent of the...the transaction between the creditor and his debtor u misrepresented to the surety, the misrepresentation being such, that, but for the same hating taken... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1844 - 1274 pages
...from the cases to which reference has been made in the course of argument we take to be this ; that if, with the knowledge or assent of the creditor,...the creditor and his debtor is misrepresented to the surely. the misrepresentation being such, that but for the same having taken place, either the suretyship... | |
 | Joseph Chitty - Contracts - 1841 - 1040 pages
...promissory note. Tindal, CJ, in delivering the judgment of the court, observed, " The principle is, that if with the knowledge or assent of the creditor any...the transaction between the creditor and his debtor be misrepresented to the surety, the misrepresentation being such, that but for the same having taken... | |
 | Law reports, digests, etc - 1844 - 700 pages
...reference has been made in the course of argument, we take to be this, that if, with the knowledge and assent of the creditor, any material part of the transaction...the creditor and his debtor is misrepresented to the surely, the misrepresentation being such, that hut fur the same having taken place, either jhe suretyship... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...this fraud, the contract is void ab initio, and the surety cannot of course be sued upon it. (/•) " If with the knowledge, or assent of the creditor,...the transaction between the creditor and his debtor, be misrepresented to the surety, the misrepresentation being such, that but for the same having taken... | |
 | Richard Holmes Coote - 1850 - 766 pages
...though the creditor agree to give the debtor time on the specialty (q). But the surety is discharged if, with the knowledge or assent of the creditor,...material part of the transaction between the creditor and the debtor is misrepresented to the surety, and the misrepresentation be such that, but for the same... | |
 | Richard Holmes Coote, Richard Coote - Mortgages - 1850 - 798 pages
...though the creditor agree to give the debtor time on the specially. (q} But the surety is discharged if, with the knowledge or assent of the creditor,...material part of the transaction between the creditor and the debtor is misrepresented to the surety, and the misrepresentation be such that, but for the same... | |
| |
... if, with the knowledge or assent of the creditor, any material part of the transaction between the creditor and his debtor is mis156 157 represented to the surety, the misrepresentation being such, that but for the same having taken place, either... 
