References: [1807] EngR 343, (1807) 14 Ves Jun 160, (1807) 33 ER 482
Links: Commonlii
Coram: Lord Eldon LC
Ratio:No contribution in favour of one Surety against another : his engagement, according to the bond, and parol evidence, which was held admissible, being, not as Co-surety, but, without the privity of the other, as a distinct collatteral secnrity, limited to default of payment by the Principle and the other surety.
This case cites:
- See Also – Craythorne v Swinburne (Commonlii, [1789] EngR 449, (1789-1817) 2 Ves Jun Supp 363, (1789) 34 ER 1133 (E))
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(This list may be incomplete)
This case is cited by:
- Cited – Day v Shaw and Another ChD (Bailii, [2014] EWHC 36 (Ch))
Claim for equity of exoneration as to proceeds of sale of a house.
Held: The sub-sureties (Mr and Mrs Shaw) are entitled to be indemnified by the sureties (Mr Shaw and Mrs Shergold) in just the same way as a surety is entitled to be . .
(This list may be incomplete)
Last Update: 26-Jul-16
Ref: 340514