New York Court of Appeals

Schroeppell v. . Shaw.

July 5, 18503 N.Y. 446

Summary

The New York Court of Appeals affirmed the lower court's decree, holding that a creditor's mere indulgence or negligence in collecting a collateral security does not discharge a surety, and that equity cannot grant relief when the defense was available at law but not raised. The court applied the principle that law and equity are governed by the same rules regarding surety defenses.