Is a bank's withdrawal of a surety made against it prejudiced or prejudiced?
Ontario, Canada
The following excerpt is from Stratford Fuel Ice (Re), 1913 CanLII 18 (ON CA):
The bank, having itself initiated proceedings by filing a claim, should not have withdrawn it so as to prejudice the surety. See Newton v. Chorlton (1853), 10 Hare 646, at pp. 638, 639.
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