Wilds v. Attix
Court of Chancery of Delaware
Injunction Bill. Motion to dismiss.—This cause came before the Chancellor upon a motion to dismiss the bill for want of equity and to dissolve the injunction. The case made by the bill was as follows :—The complainant David S. Wilds became surety for one Joseph E. Williams in a judgment bond to the defendant Thomas Attix for $500.00 dated March 16, 1866, Attix being, as alleged, cognizant of the fact that the complainant was surety only.
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Injunction Bill. Motion to dismiss.—This cause came before the Chancellor upon a motion to dismiss the bill for want of equity and to dissolve the injunction. The case made by the bill was as follows :—The complainant David S. Wilds became surety for one Joseph E. Williams in a judgment bond to the defendant Thomas Attix for $500.00 dated March 16, 1866, Attix being, as alleged, cognizant of the fact that the complainant was surety only. At the time this bond was given Williams was a merchant in Smyrna. Afterwards, in October, 1867, he removed to Kenton, where he transacted business as a…
1Opinion of the Court
The Chancellor :—
It was frankly admitted by the complainant’s solicitor that, under the law of suretyship, the creditor is not bound to active diligence against the principal and that he does not lose his remedy against the surety even by *258refusing upon request of the latter to pursue the principal although the principal afterwards become insolvent. Such must be taken as settled law although there have been some decisions to the contrary. The decisions here referred to are those which have followed Pain vs. Packard, 13 Johns. 174. In that case the Supreme Court of New York held it to be the…
2Cases cited6 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Pain v. PackardNew York Supreme Court · 1816
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bull v. AllenSupreme Court of Connecticut · 1848
- Bank of Montpelier v. DixonSupreme Court of Vermont · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jones v. SavinSuperior Court of Delaware · 1916
- National Bank of Poteau v. LowreySupreme Court of Oklahoma · 1916
- United States ex rel. Delaware Hardware Co. v. LynchDistrict Court, D. Delaware · 1912