 A surety may require his creditor to proceed against the principal, or to pursue any other remedy in his power which the surety cannot himself pursue, and which would lighten his burden; and if in such case the creditor neglects to do so, the surety is...  The Pacific Reporter - Page 1171917Full view - About this book
 | New York (State). Commissioners of the Code, New York (State). - Civil law - 1865 - 896 pages
...self pursue, and which would lighten his burden ; principal. and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced. This is the settled rule in this state (Remsen v. Beekman, 25 NT, 552; Pain v. Packard. 13 Johns.,... | |
 | California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...cannot himself pursue, and which would lighten his burden; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced. NYCC, See. 1566. SEC. 2846. A surety may compel his principal to perform the obligation when due. '... | |
 | California - Civil law - 1876 - 612 pages
...cannot himself pursue, and which would lighten his burden ; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejndiced. 53 Cal. 689. § 2846. A surety may compel his principal to perform the obl,gation when... | |
 | New York (State). - Civil law - 1885 - 422 pages
...cannot himself pursue, and which would lighten his burden ; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which, he is thereby prejudiced. § 2467. A surety may compel his principal to perform 8urety ji TT j_" ' i * J ' mayoomthe obligation... | |
 | Law reports, digests, etc - 1897 - 1244 pages
...himself cannot pursue and which would lighten his burden; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced." — where a surety on a note relies for a defense on failure of the creditor to proceed to sell stock... | |
 | California. Legislature - California - 1899 - 575 pages
...cannot himself pursue, and which would lighten his burden ; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced. Surety may compel performance, when. SEC. 2846. A surety may compel his principal to perform •2 the... | |
 | California. Commission for Revision and Reform of the Law - Civil law - 1899 - 586 pages
...cannot himself pursue, and which 4 would lighten his burden; and if in such case the creditor neg5 lects to do so, the surety is exonerated to the extent to which 6 he is thereby prejudiced. Surety may compel performance, when. SEC. 2846. A surety may compel his... | |
 | Law reports, digests, etc - 1905 - 1016 pages
...cannot himself pursue, and which would lighten his burden; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced." This provision has a historv. It is the statutory embodiment of the rule established in the state of... | |
 | Curtis Hillyer - Electronic books - 1912 - 1016 pages
...cannot himself pursue, and which would lighten his burden; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced.1 i Kerr's Cyc. Civ. Code, sec. 2845. § 4101. A Principal Bound to Reimburse His Surety.... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1917 - 768 pages
...cannot himself pursue, and which would lighten his burden ; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced.' "The defendant insists that, under section 1058 and subdivisions 2 and 3 of section 1056, he is released... | |
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