Chilton v. Robbins, Paynter & Co.
Supreme Court of Alabama
EkRoe to the Circuit Court of Benton county. Assumpsit on promissory note by the ■ defendants in error against the plaintiffs in error.
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EkRoe to the Circuit Court of Benton county. Assumpsit on promissory note by the ■ defendants in error against the plaintiffs in error. Upon the trial, as appears from a bill of exceptions, the defendants proved they were the sureties of one Pearson as .to whom the suit had been discontinued, and that the plaintiffs some time before the commencement of this suit, had made an agreement upon anew consideration,moving from Pearson to the plaintiffs, by which they agreed to postpone the time of payment on the note sued on, for near a year after it fell due, to which agreement the sureties were…
1Opinion of the CourtOrmond, J.
The plaintiffs in error were doubtless discharged by the time given the principal debtor by the defendants in error, without their consent, unless the fact that they are fully indemnified by the principal debtor will prevent their availing themselves of it, and in our opinion it must have that effect.
The taking by the sureties of a deed of trust or mortgage from the principal debtor to secure them against liability, and ample for that purpose, is in effect an appropriation by them of that portion of the effects of the principal to the payment of this debt, and they will not therefore be…
2Cited by10 opinions
- Carlisle v. HillSupreme Court of Alabama · 1849
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- Fay v. TowerWisconsin Supreme Court · 1883
- Crutchfield v. HaynesSupreme Court of Alabama · 1848
- Rittenhouse v. KempIndiana Supreme Court · 1871
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