Clippinger v. Creps
Supreme Court of Pennsylvania
If a creditor, by any contract which can be enforced against him at law or in equity, gives time to his debtor, he discharges the surety. A judgment, being alien on the land of a freeholder, takes away that right of freehold which entitles the possessor to a stay of execution on a judgment before a justice of the peace.
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If a creditor, by any contract which can be enforced against him at law or in equity, gives time to his debtor, he discharges the surety. A judgment, being alien on the land of a freeholder, takes away that right of freehold which entitles the possessor to a stay of execution on a judgment before a justice of the peace. The acceptance of a judgment before a justice of the peace by the payee of a note, against a principal payer upon whose freehold there are liens, with á stipulation that he shall be entitled to a stay of execution, is a release of a surety in that note. ERROR to the common…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
If a creditor, by any contract which can be enforced against him at law or in equity, gives time to his debtor, he dis*48charges the surety; for if, notwithstanding such contract, it were competent to sue the surety, the latter would immediately have his remedy over against the debtor. This would be in fraud of the contract of forbearance, which the creditor would thereby indirectly defeat. The doctrine that if the creditor gives time to the principal debtor, the surety is discharged, was first introduced in courts of equity. It was founded on…
2Cited by14 opinions
- Lane & Saylor v. Scott & CulverTexas Supreme Court · 1882
- In Re Annexation of a Portion of AbingtonSuperior Court of Pennsylvania · 1930
- First National Bank v. LeavittSupreme Court of Missouri · 1877
- Zane v. KennedySupreme Court of Pennsylvania · 1873
- Boschert v. BrownSupreme Court of Pennsylvania · 1872
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