The principal offered to surrender on the 13th of May, but the Plaintiff gave him time, and dispensed with the surrender, on an understanding that the bail should continue liable. On the 11th June the bail, ignorant that the Defetidant had offered to surrender, signed an agreement to continue liable; the principal always declared himself ready to surrender ; but in Tiinity vacation tbe Plaintiff, without notice, issued proceedings against the bail, returnable in MichaeImas term. On the 29th of October the principal obtained his certificate under a commission of bankrupycy : Held, that the bail were discharged.
Citations:
[1823] EngR 373, (1823) 1 Bing 164, (1823) 130 ER 67
Links:
Jurisdiction:
England and Wales
Insolvency
Updated: 02 May 2022; Ref: scu.328413