Bank of Steubenville v. Leavitt
Ohio Supreme Court
This cause was adjourned from the county of Jefferson. It was an action of debt, brought in the common pleas of Jefferson county, to November term, 1830. The declaration counted upon a writing obligatory made by the intestate in his lifetime, dated August 7,1819, for the payment of one thousand four hundred and thirty dollars to the Bank of Steubenville, at that bank, sixty days after date.
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This cause was adjourned from the county of Jefferson. It was an action of debt, brought in the common pleas of Jefferson county, to November term, 1830. The declaration counted upon a writing obligatory made by the intestate in his lifetime, dated August 7,1819, for the payment of one thousand four hundred and thirty dollars to the Bank of Steubenville, at that bank, sixty days after date. At the May term of the same common pleas, Í831, the defend.ants pleaded in substance that their intestate executed the writing obligatory declared upon as security for one John C. Bayless, and not as…
1Opinion of the Court
By the Court :
He who becomes surety for another has a right to pay the debt when it becomes due, and collect it from his principal; he may substitute himself in place of the creditor, and subject any funds or securities provided for the' payment of the debt by the principal ; or he may call upon the creditor to prosecute his suit without delay. The law does not permit the creditor to interfere with these rights. If he do invade them, the surety is held to be discharged.
No principle is better settled, at.the present day, than that a surety can not be further bound than by the terms of his…
2Cases cited5 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- McLemore v. PowellSupreme Court of the United States · 1827
- Hunt v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
- United States v. TillotsonU.S. Circuit Court for New York · 1823
- Ham v. SchuylerNew York Court of Chancery · 1819
3Cited by2 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Jones v. BrownOhio Supreme Court · 1860