...given day, if the obligee defeats the condition of the bond, he discharges the security. When they are bound jointly and severally, the surety cannot aver...Suppose a bond payable in six months, with a surety : lie docs not become bound to answer the engagement at twelve months, where it was to be at six. The...

...given day, if the obligee defeats the condition of the bond, he discharges the security. When they are bound jointly and severally, the surety cannot aver by pleading that he is bound as a surety; but if he could establish that at law, the principle at law is, that he has an interest in...

...given day, if the obligee defeats the condition of the bond, he discharges the surety. When they are bound jointly and severally, the surety cannot aver...engagement. Suppose a bond payable in six months, with surety ; he does not become bound to answer the engagement at twelve months, where it was to be at...

...the condition of the bond, he discharges the surety. ]Vhen they are bound jointly and severally, tlw surety cannot aver by pleading, that he is bound as...consequence is, the surety is released from his engagement." 2 Vesey, Jr. 542. His Lordship had previously said, that it was the form of the security which forces...

...a passage very frequently cited and frequently misapprehended, forces these cases into equity. When bound jointly and severally the surety cannot aver by pleading that he is bound not as he appears on the face of the instrument but merely as surety. However the rule may have been...

...he is merely a surety. In Rees v. Berrington (a), Lord Loughborough, CJ, said, " that where two are bound jointly and severally, the surety cannot aver by pleading that he is bound as surety." But even upon the assumption that the defendant could be treated as a co-surety to the bond, the suspension...

...was not decided. In Rees v. Berringtou, 2 Yes. jun. 540. Lord Loiighborough says, that "where two are bound jointly and severally, the surety cannot aver by pleading that he is bound as surety.'' Sec Ashbee v. Pidduck, 1 M. & W. 564, and Thompson v. Clubley, 1 M. & W. 212. But, in equity, a surety...

...540. (ff) 2 Ve».. jun. 542. 1850. and severally, the surety cannot aver, by pleading that • i PONAR he is bound as surety; but if he could establish that at .. "• law, the principle of law is, that he has an interest in and other*. the condition ; and if the period is extended, that...

...Cases in Equity, vol. 2, p. 712) Lord MANLEY Loughboraugh expressly says that, where two " are BOYCOT. bound jointly and severally, the surety cannot aver by pleading, that he is bound as surety." In fact, there would be no necessity for relief by equity if a defence founded on that circumstance...

...only, was not decided. In Kees v. Berringlon, 2 Ves. jun. 540, Lord Loughborough says, that " where two arc bound jointly and severally, the surety cannot aver by pleading that he is bound as surety." See Ashbee v, Pidduck, 1 M. & \V. 5G4,* and Thompson v. Clubley, 1 M. & W. 212.* But, in equity, a...