Parrott v. Chestertown National Bank

Citations

• 88 Md. 515
• 41 A. 1067
• 1898 Md. LEXIS 223

Syllabus

<p>Subrogation of Surety to Rights of Principal — Bill for Discovery.</p> <p>A surety is not entitled to be subrogated to the rights of his principal against the creditor, unless he has paid in full the debt due by ihe principal to such creditor.</p> <p>Where a principal has executed a mortgage to his creditor to secure the payment of certain debts, a surety for one of such debts is entitled to maintain a bill of discovery to ascertain what part of the debt for which he is liable is covered by such mortgage, or has been paid in full or in part from the proceeds thereof.</p> <p>A bill of discovery lies to obtain information proper for the defence of a suit about to be brought against the complainant.</p>