Legal Opinion

Parker v. Alexander

Supreme Court of Louisiana

Decided February 15, 1847PublishedCited by 3 opinions

Appeal from the Parish Court of New Orleans, Maurian, J. The surety of a debtor will not be discharged by the mere forbearance of the creditor to sue the principal. Theobald, Princ. and Agent, § 166. Eyre v. Everett, 2 Russ. 381. Orme v. Young, Holt, N. P. C. 84. Cooly v. Lawrence, 4 Mart. 639. Warfield v.- Ludewig, 9 Rob. 240. Buie v. Bailey, 16 La 213. 3 Mart. N, S. 596. 8 Mart.

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Appeal from the Parish Court of New Orleans, Maurian, J. The surety of a debtor will not be discharged by the mere forbearance of the creditor to sue the principal. Theobald, Princ. and Agent, § 166. Eyre v. Everett, 2 Russ. 381. Orme v. Young, Holt, N. P. C. 84. Cooly v. Lawrence, 4 Mart. 639. Warfield v.- Ludewig, 9 Rob. 240. Buie v. Bailey, 16 La 213. 3 Mart. N, S. 596. 8 Mart. N. S. 277. 3 La. 214. 5 La. 267, 18 La. 470. contended that the surety was discharged, citiDg Roman v. Peters, 2 Robinson, 479.

1Opinion of the Court

The judgment of the court was pronounced by

King, J.

The plaintiff, who is a married woman separated in property from her husband, claims from Alexander Henry, as principals, and Roy, assiirety, $800, with interest from judicial demand, for rent alleged to be due. A judgment was rendered against the defendants for the sum claimed, from which Roy, the surety, has appealed.

The appellant avers in his answer, that he has been dischai’ged from the obligations of his suretyship, by reason of the plaintiff’s failure to enforce her privilege as lessor on the property of his principals, and of her…

2Cited by3 opinions

  1. Antoine v. Elder Realty CompanyLouisiana Court of Appeal · 1971
  2. Riccobono v. KearneyLouisiana Court of Appeal · 1927
  3. Southern Securities Co. v. LandauLouisiana Court of Appeal · 1928

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