Can a surety claim against the principal debtor in a personal injury case?

Prince Edward Island, Canada


The following excerpt is from Reid v. Royal Trust Corp., 1985 CanLII 3079 (PE SCAD):

In Bateson v. Gosling (1871), L.R. 7 C.P. 9 at p. 14, Willes J. was of the opinion that ... where the principal [debtor] has entered into a deed of arrangement containing a release subject to the reservation of the creditor's right of recourse against the surety, the latter has no right to raise the objection. Quoting [at p. 15] from Page Wood V.-C. in Webb v. Hewitt (1857), 3 K. & J. 438 at p. 442, 69 E.R. 1181, he said: ... when the right is reserved, the principal debtor cannot say it is inconsistent with giving him time that the creditor should be at liberty to proceed against the sureties, and that they should turn round upon the principal debtor, notwithstanding the time so given him; for, he was a party to the agreement by which that right was reserved to the creditor...

And in Price v. Barker (1855), 4 E1. & B1. 760, 119 E.R. 281, Coleridge J. for the court, at pp. 779-80, said that: ... a covenant not to sue, qualified by a reserve of the remedies against sureties, is to allow the surety to retain all his remedies over against the principal debtor; and that the covenant not to sue is to operate only so far as the rights of the surety may not be affected.

Other Questions


What is the test for a lay litigant's claim for time expended by the respondent in a personal injury case? (Prince Edward Island, Canada)
In support of the respondent's position in a personal injury case, in what circumstances will the respondent be required to return the property to the original owner? (Prince Edward Island, Canada)
How have courts dealt with costs in personal injury cases? (Prince Edward Island, Canada)
In what circumstances will time consumption and cost considerations be considered in a personal injury case? (Prince Edward Island, Canada)
What is the summary judgment case law in summary judgment cases? (Prince Edward Island, Canada)
What is a prima facie case in a sexual assault case? (Prince Edward Island, Canada)
What is the test for calculating solicitor's costs in a personal injury action? (Prince Edward Island, Canada)
Is a person’s choice of where to establish a home a personal matter? (Prince Edward Island, Canada)
In what circumstances will a plaintiff receive his full costs in a personal injury action? (Prince Edward Island, Canada)
What is the quantum of costs awarded in a personal injury action? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.