Life Ass'n of America v. Neville
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Lion. N. S. Graham. This case was before the court at its December term, 1879, •on appeal from a decree dismissing the bill for want of equity; when the chancellor’s decree was reversed, and the cause remanded. — 63 Ala. 419. The bill was filed on the 20th May, 1879, by James T. Neville, as the administrator of the estate of "Worley White, deceased, against the present appellant, a corporation chartered under the…
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Lion. N. S. Graham. This case was before the court at its December term, 1879, •on appeal from a decree dismissing the bill for want of equity; when the chancellor’s decree was reversed, and the cause remanded. — 63 Ala. 419. The bill was filed on the 20th May, 1879, by James T. Neville, as the administrator of the estate of "Worley White, deceased, against the present appellant, a corporation chartered under the laws of Missouri, but doing business, through its agents, in Alabama. Its object and prayer was to enjoin a sale of lands…
1Opinion of the CourtSomebyille, J.
There seems to be little or no doubt as *520to the doctrine, that if the principal makes a formal tender to the creditor, of the full amount of a debt already due, the creditor is bound to accept it, or, if he refuses to do so, the surety will be discharged.—Brandt on Suretyship, § 295. It is regarded, sometimes, as an extension of the loan, to which transaction the surety was not a party, and by which, therefore, he is not bound.—McQuesten v. Noyes, 6 N. H. 19. And, at other times, it has been pronounced a sort of fraud on the surety, whose relationship is said always to import entire good…
2Cases cited2 opinions
- Sailly v. ElmoreNew York Court of Chancery · 1831
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877
3Cited by13 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Escambia County Electric Light & Power Co. v. SutherlandSupreme Court of Florida · 1911
- Hamlen v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1935
8 more not listed; retrieve them via the Exa API.