| 1844 - 604 pages
...incident to it. 2. The insurer on a bottomry claim, on payment of a loss, or on an abandonment, is himself entitled to be subrogated to all the rights and remedies of the creditor, against persons or property bound by the bond. (The ./Etna Insurance Company vs. Tyler, 16 Wendall,... | |
| 1844 - 608 pages
...incident to it 2. The insurer on a bottomry claim, on payment of a loss, or on an abandonment, is himself entitled to be subrogated to all the rights and remedies of the creditor, against persons or property bound by the bond. (The -Etna Insurance Company t». Tyler, 16 Wendall,... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1854 - 738 pages
...he lays it down as an established principle of eqnity, that a surety, or one who stands like Ross, in the situation of a surety, is entitled to be subrogated...remedies of the creditor whose debt he is compelled to par, VOL. IV.— 10 May Term, 1853. BtXTON V. SHBECTE. May Term, as to any fund, lien, or equity which... | |
| Isaac Edwards - 1855 - 708 pages
...person's debt, he is to be treated, it should seem, as standing in the situation of a surety.1 And a surety is entitled to be subrogated to all the rights...of the creditor whose debt he is compelled to pay, and to any fund, lien or equity which the creditor had against any other person or property on account... | |
| Francis Hilliard - 1856 - 720 pages
...In such case, it is held to be " a general and well-established principle of equity, that a surety, or a party who stands in the situation of a surety, is entitled to be surrogated to all the rights and remedies of the creditor whose debt he is compelled to pay, as to... | |
| Frederick Thomas White, Owen Davies Tudor - 1859 - 924 pages
...355, 4th ed. For the purpose of enforcing contribution among co-sureties, one surety who pays the debt is entitled to be subrogated to all the rights and remedies of the creditor, as against hia co-sureties, in precisely the same manner as against the principal debtor, and though... | |
| Nathan Howard (Jr.) - 1866 - 618 pages
...ante 110). 2. It is a general principle of equity that a surety, or a party whe stands in the relation of a surety, is entitled to be subrogated to all the rights and remedies of the ereditor against the principal wheso debt he has bcen compelled to pay. And where a person standing... | |
| 1873 - 532 pages
...from the estate of H. Hess' Estate ; Bair & Shenk's Appeal. 2. A surety who pays his principal's debt is entitled to be subrogated to all the rights and remedies of the creditor against his co-surety, in the same manner as against the principal. Ib. 3. The effect of subrogation... | |
| 1897 - 642 pages
...preference in the distribution of the decedent's estate. When a surety pays the debt of his principal he is entitled to be subrogated to all the rights and remedies of the creditors as against his co-sureties in precisely the same manner as against the principal debtor,... | |
| Frederick Thomas White - 1876 - 730 pages
...Watts, 451. "In America, and certainly in Pennsylvania, a surety paying the debt of his principal, is entitled to be subrogated to all the rights and remedies of the creditors, as against his co-sureties, in precisely the same manner as against the principal debtor,... | |
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