The plaintiff was engaged as a contractor by certain trustees of construction work. The payment by the
Question:
The plaintiff was engaged as a contractor by certain trustees of construction work. The payment by the trustee was guaranteed by the defendant. The trustee defaulted and therefore the plaintiff sued the trustee and the surety. The beneficiaries of the trust replaced their trustees and the plaintiff dropped his case against them and was not allowed subsequently to sue them in their personal capacity. Would the suit against the surety be maintainable? - A bank advanced three different loans to a person with three different sureties for each loan. The principal debtor did not repay the loan in time and therefore the bank obtained a mortgage of his property. Ultimately, the bank had to file suits and three different decrees were obtained against the principal debtor and the surety on each loan. The first two sureties paid off the decrees for which they were sureties but the third did not. Whether the first two sureties who had paid off their obligations were entitled to a proportionate share in the mortgage while a part of the bank’s claim against the principal was still unsatisfied?