Warren v. Branch
West Virginia Supreme Court
Appeal from and supersedeas to a final decree' of the circuit court of Monroe county, rendered on the 17th day of October, 1877, in a chancery cause in said court then pending, wherein S. J. Warren and others were plaintiffs, and Thomas Branch and others were defendants, granted on the petition of said Warren. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a final decree' of the circuit court of Monroe county, rendered on the 17th day of October, 1877, in a chancery cause in said court then pending, wherein S. J. Warren and others were plaintiffs, and Thomas Branch and others were defendants, granted on the petition of said Warren. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. GreeN, President, furnishes the following statement of the case: In May, 1877, John M. Rowan and S. J. Warren filed their bill in the circuit court of Monroe county, in which they allege that on…
1Opinion of the Court
Green, PRESIDENT,
delivered the opinion of the Court:
The question presented by the record in this case is : What misrepresentations or failures to disclose facts and circumstances by a creditor will release a security from *27liis obligation to pay a debt ? When with the knowledge and assent of the creditor, there is a misrepresentation' with regard to a material fact, which, had it been known, might reasonably have prevented the security from entering into his contract of suretyship, such contract will not be binding on the surety, though such misrepresentation was not made with a fraudulent…
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