Benefit of creditor's securities: surety discharged to extent creditor loses or parts with security without surety's consent. A surety is entitled to the benefit of every security the creditor has against the principal debtor when the suretyship contract is entered into, whether known to the surety or not; if the creditor loses or, without the surety's consent, parts with such security, the surety is discharged to the extent of the value of that security.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Benefit of creditor's securities: surety discharged to extent creditor loses or parts with security without surety's consent.
A surety is entitled to the benefit of every security the creditor has against the principal debtor when the suretyship contract is entered into, whether known to the surety or not; if the creditor loses or, without the surety's consent, parts with such security, the surety is discharged to the extent of the value of that security.
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