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" ... that a court of equity substitutes him in the place of the creditor, as a matter of course, without any agreement to that effect. "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 135
de Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 1

New York (State). Court of Chancery - 1846 - 750 páginas
...those creditors. It is only in cases where a person advancing money to pay the debt of a third party, stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor,...
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A Selection of Leading Cases in Equity: With Notes, Volume 1

Frederick Thomas White, Owen Davies Tudor - 1859 - 924 páginas
...upon for payment by the creditors; The ^Etna Ins. Co. v. Wires, 2 Williams, 93 ; Morris v. Oakford. It is only in cases where the person paying the debt...compelled to pay, in order to protect his own interests, that a court of equity substitutes him in the place of the creditor, as a matter of course, without...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 9

Florida. Supreme Court - 1861 - 596 páginas
...says Chancellor Walworth, "in cases where the person advancing money to pay the debt of a third party stands in the situation of a SURETY, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of the creditor as...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 1

Thomas Nesbitt McCarter - 1865 - 616 páginas
...Budd, 234 2. It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to protect his own rights, that a court of equity substitutes him in the place of a creditor as...
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Albany Law Journal, Volume 24

1881 - 572 páginas
...if subsequently called upon for payment by the creditors. .1 !i n.-t Ins. Co. v. Wires, 28 Vt. 93. It is only in cases where the person paying the debt...compelled to pay in order to protect his own interests, that a court of equity substitutes him in the place of tbe creditor as a matter of course, without...
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Albany Law Journal, Volume 24

1881 - 572 páginas
...subrogation, if subsequently called upon for payment by the creditors. Л51па Ins. Co. v. Wires, 28 Vt. 93. It is only in cases where the person paying the debt...surety or is compelled to pay in order to protect hisown interests, that a court of equity substitutes him in the place of the creditor as a matter of...
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Albany Law Journal, Volume 6

1873 - 462 páginas
...subrogation has special application to the facts of this case. The rule is, that where the person who pays the debt stands in the situation of a surety, or is compelled to pay, for the protection of his own interests, then, in either case, the substitution will be made. A mere...
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The Insurance Law Journal, Volume 1

1871 - 768 páginas
...principle of subrogation applies to the facts of this case. The rule is, that where the person who pays the debt stands in the situation of a surety, or is compelled to pay for the protection of his own interests, then in either case the substitution will be made." Held,...
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The Albany Law Journal: A Weekly Record of the Law and the Lawyers, Volume 6

1873 - 464 páginas
...subrogation has special application to the facts of this case. The rule is, that where the person who pays the debt stands in the situation of a surety, or is compelled to pay, for the protection of his own interests, then, in either case, the substitution will be made. A mere...
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A Treatise on the Law of Judgments: Including All Final Determinations of ...

Abraham Clark Freeman - 1873 - 590 páginas
...the latter. " It is only in cases where the person advancing money to pay the debt of a third party, stands in the situation of a surety, or is compelled to pay it to protect his own rights that a court of equity substitutes him in the place of the creditor, as...
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