David v. Malone
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before Hon. W. J. Haralson. The opinion states all the facts of the case.
1Opinion of the CourtPeck, C. J.
There are eases in which it is difficult to determine whether they fall on the one or the other side of the line between right and wrong. These cases not unfrequently arise, where sureties seek to be relieved or claim to be discharged from their liabilities, by some act or omission on the part of creditors.
The general rule is, that if a creditor does any act injurious to the surety, or inconsistent with bis rights, or if he omits to do any act, when required by the surety, which his duty enjoins him to do, and the omission proves injurious to the surety, — in all such cases, the surety will…
2Cases cited6 opinions
- Mackay v. DodgeSupreme Court of Alabama · 1843
- Brooks v. HildrethSupreme Court of Alabama · 1853
- Whitsett, Garner & Co. v. SlaterSupreme Court of Alabama · 1853
- Haden v. BrownSupreme Court of Alabama · 1851
- Huff v. CoxSupreme Court of Alabama · 1841
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3Cited by7 opinions
- Webb v. DicksonSupreme Court of Alabama · 1964
- Kerr v. NicholasSupreme Court of Alabama · 1889
- Ison Finance Co. v. GlasgowSupreme Court of Alabama · 1957
- Alexander v. Capitol Lumber Co.Indiana Supreme Court · 1914
- Baird Lumber Co. v. DevlinSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.