This was a bill by sureties to restrain an action against them upon a surety bond, and to have the bond delivered up, upon the ground that the creditors had given time to the principal debtors without the sureties’ consent. Upon the cause coming on in Hilary term last, it was suggested that the merits would be tried at law, upon a demurrer to the plea of the Defendants there (the Plaintiffs in equity), who had, amongst other pleas in bar, pleaded the instrument alleged to be a discharge of their liability, and the cause stood over.
The demurrer at law being allowed, and the plea overruled by the Court of KB, the cause was now put again in the paper.
The facts appearing in the pleading and by further statement agreed upon between the parties at the request of the Court, were these:-
In September 1818 the Plaintiffs, as sureties for two persons of the name of Prendergast, coal merchants, became bound to the Defendants, who supplied the Prendergasts with coals wholesale, in a penalty, conditioned to be void if the Plaintiffs should, within one month after demand on them, pay such balance or sum of money, not exceeding 2500, as should become due to the Defendants upon settlement of accounts between them and the Preridergasts.
Citations:
[1821] EngR 646, (1821) 6 Madd 124, (1821) 56 ER 1039 (B)
Links:
Jurisdiction:
England and Wales
Contract
Updated: 18 May 2022; Ref: scu.330232