Bangs v. Strong
New York Court of Chancery
This was an appeal by Maltby Strong, one of the defendants, from an order of the vice chancellor of the eighth circuit overruling a plea.
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This was an appeal by Maltby Strong, one of the defendants, from an order of the vice chancellor of the eighth circuit overruling a plea. The complainants were judgment creditors of the defendants J. Strong and M. Strong, and the bill was filed to reach their property after the return of an execution unsatisfied, and to set aside certain conveyances made by them to the other defendants, as fraudulent. ■ The bill, after setting forth the other matters usually alleged in such suits and the fraudulent transfers of property, stated that, as the complainants were informed, the defendants J. Strong…
1Opinion of the Court
The Chancellor.
The general rules upon which courts of equity proceed in decreeing a surety discharged by a new contract, changing the rights and liabilities of the principal debtor without the consent of the surety, are correctly stated in the opinion of the vice chancellor. The principal question to be considered therefore is whether those rules have been correctly applied by him to the facts of this case.
Any valid and binding agreement between the creditor and the principal debtor, or other active interference of the creditor, whereby the surety may be injured, or subjected to increased…
2Cited by26 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Cary v. . WhiteNew York Court of Appeals · 1873
- Ducker v. . RappNew York Court of Appeals · 1876
- Hart v. HudsonThe Superior Court of New York City · 1857
- Ocala Foundary & Machine Works v. LesterSupreme Court of Florida · 1905
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