Definition of INDUTLGENCE


INDUTLGENCE

A favor granted.

2. It is a general rule that where a creditor gives .indulgence,
by entering into a binding contract with a principal debtor, by
which the surety is or may be damnified, such surety is discharged,
because the creditor has put it out of his power to enforce
immediate payment; when the surety would have a right to require
him to do so. 6 Dow, P. C. 238; 3 Meriv. 272; Bac. Ab. Oblig. D;
and see Giving Time.


3. But mere inaction by the creditor, if he do not deprive
himself of the right to sue the principal, does not in general
discharge the surety. See Forbearance.

Source: Bouviers Law Dictionary 1856 Edition

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