3 Stew. 14 | Ala. | 1830
The contract between the agent for the plaintiffs, and Garner, underwent the consideration of this Court, some time ago, in a case between the same plaintiffs and Cox and Harris, the sureties of Garner, in his writ of error bond. On much consideration, it was then unanimously held, that the sureties were discharged, on the principle that a contract founded on a good consideration, giving time to the principal debtor without the consent of his sureties, discharged them from all liability. This doctrine we have since recognized in the case of Ellis v. Bibb,
It was next contended, that an injury to the secui’ities, by placing them in a worse condition than they otherwise ■would have been in, must be proven to have resulted from .giving time to the principal, in order to discharge them :from’liability. It is well settled that no injury to the se-.eurities need be proven, they being allowed to judge for themselves, whether the new contract has secured them or not. We are therefore of opinion that the decree of the Circuit Court granting relief was proper.
Decree affirmed.