Villars v. Palmer
Illinois Supreme Court
Appeal from the Circuit Court of Vermilion county; the Hon. James Steele, Judge, presiding. This was a bill in chancery, by William Villars, against Levin T. Palmer, administrator of the estate of Guy Merrill, deceased, and John G. Leverich, to enjoin proceedings at law by Palmer as administrator of the estate of Merrill, for the use of Lexrerich, upon a promissory note,'given by one George W. Taylor as principal, and signed by the complainant as surety, and payable to said…
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Appeal from the Circuit Court of Vermilion county; the Hon. James Steele, Judge, presiding. This was a bill in chancery, by William Villars, against Levin T. Palmer, administrator of the estate of Guy Merrill, deceased, and John G. Leverich, to enjoin proceedings at law by Palmer as administrator of the estate of Merrill, for the use of Lexrerich, upon a promissory note,'given by one George W. Taylor as principal, and signed by the complainant as surety, and payable to said Guy Merrill as master in chancery. . The bill showed that the estate of Taylor was solvent, and that the debt could have…
1Opinion of the CourtJustice Sheldon
The claim on the part of the surety in this case is, that, as by the neglect of the creditor to present his claim against the estate of Taylor, the principal, all remedy in respect to the debt has been lost against the estate of the principal, that should operate to discharge the surety.
The complaint is of mere delay, not of any affirmative act on the part of the creditor, whereby the surety has been affected. But it is the well established principle, that mere delay on the part of the creditor to proceed against the principal does not discharge the responsibility of the surety.
In cases of…
2Cited by12 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- People v. WhittemoreIllinois Supreme Court · 1912
- Bell v. WalkerNebraska Supreme Court · 1898
- Evans v. SperryDistrict Court, E.D. Illinois · 1926
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