Bruce v. Edwards
Supreme Court of Alabama
Edwards brought an action of debt against Bruce in Lauderdale County Court, on a joint promissory note of Caleb S. Manley and Bruce.
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Edwards brought an action of debt against Bruce in Lauderdale County Court, on a joint promissory note of Caleb S. Manley and Bruce. Bruce plead that he executed the note as security for Manley; that after its maturity and before the commencement of the suit, and while Manley was solvent and able to pay the debt, he gave notice to plaintiff, and requested him to sue Manley and use all necehsary means to recover the money of him; but that plaintiff, intending to defraud the defendant, did not institute suit or use the necessary diligence, but neglected doing so until Manley had become…
1Opinion of the Court
JUDGE TAYLOR
delivered the opinion of the Court, There is no instance in which the law does not look favorably on the situation of securities and extend to them every assistance to secure the payment of the debt by the principal. So strict has been the construction in favor of this class of debtors, that any material alteration of the contract, without the express consent of the security, terminates his responsibility. In this case no injury could have resulted to the holder of the instrument by proceeding, upon receiving notice to sue the principal, for he might have sued the security also at…
2Cited by9 opinions
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Shehan v. HamptonSupreme Court of Alabama · 1846
- Jackson v. PerrineSupreme Court of New Jersey · 1871
- Gayle v. RandleSupreme Court of Alabama · 1836
- Branch of the Bank of the State at Montgomery v. PerdueSupreme Court of Alabama · 1842
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