atkins case skip versus Huey Wilcox and Edward may h and W be principal in a  bind and e a surety only the obligee agree with h to take four note draw by  different person and Payable at future day in lieu of the bind but compel h to  sign a agreement in his own name and in the name of W and e to pay the  deficiency if the note shall not produce the whole principal and interest on  the bind before the note become due h and W be bankrupt the obligee have  receive only pound on the note bring his bill for the residue of the principal  and interest against e as a coobligor Lord Hardwicke have some doubt at first  but on all the circumstance of this case declare himself full satisfy that the  plaintiff be not entitle to relief against e the defendant be joint and  several bind to the plaintiff in the penal sum of pound on the five of  December condition for the payment of pound on the t of march ensue which  money come to the hand of Huey and Wilcox who be the principal in the bind  Huey come to the plaintiff and desire he will take four note give by different  person and Payable at future day in lieu of the bind and that if he will give  up the bind though the note shall not produce the whole pound and interest he  will see he pay the deficiency and sign a agreement to this effect in his own  name and in the name of Wilcox and Edward Huey likewise give the plaintiff a  draft on Martin the banker but Huey come to the plaintiff on a Saturday after  six oh clock desire the plaintiff will give he leave to date the draft on  Martin of the Monday Huey have take out of Martin shop all the money due to  himself and Wilcox and Edward on the very same Saturday the plaintiff  afterward go to Martin shop where he find no money in the name of Huey and  company and before the note become due Huey and Wilcox be bankrupt but Edward  still remain a solvent person the plaintiff who have receive about five  hundred pound on the note the rest atkins er p remain unreceived to this day  bring his bill against Edward the coobligor for the residue of the principal  and interest due on the bind insist this be a fraud of Hueys upon he and that  though he have be draw in to deliver up the bind yet he be entitle to be  relieve against Edward as a coobligor the defendant Edward insist that he be  no party to the agreement between the plaintiff and Huey and that he ought not  to be affect by it and as the bind be deliver up in consideration of the note  that it be novated and this defendant who be one of the surety only in the  bind be release and no long liable as a surety atkins Mr Chute of counsel for  the plaintiff cite salk clark versus Mundall Mr attorney general for the  defendant insist that at law the bind be cancel the plaintiff have no remedy  there and the defendant Edward be a mere surety a court of equity will not  strain to assist the obligee against a surety but will leave he to his remedy  at law and if the obligee have come to a new agreement to take other security  in lieu of the bind equity will not compel a surety to pay upon a bind which  be by the plaintiff own consent cancel and where on the back of it be  acknowledge that he have receive in full satisfaction for it the word of the  agreement be that if a of the sum of money on these note or interest shall not  be pay we promise to make it good sign by Huey for himself and for Wilcox and  Edward he argue that be in nature of a forgery to sign the name of other  person without their authority and such a fraud in the plaintiff to oblige  Huey tosign a agreement in this clandestine manner that he do not come into a  court of equity so free from imputation himself as to be entitle to relief  that Huey and Wilcox be the good fide proprietor of these note and give a full  consideration for they that the plaintiff though some of the drawer of these  note do not become bankrupt till two month after the note be assign over to he  yet do not apply to they once for acceptance and if he have immediate do it he  may have receive all the money upon they and therefore as his not receive be  entire owe to his own laches he be not entitle to come upon the defendant to  make it good who be only a surety in the bind the evidence for the defendant  Edward be that there be in Martin hand a balance of pound and upward in favour  of Huey and Wilcox on the Monday and if the plaintiff have not defer it two  day long Martin will have pay this money to he that it be plain the intention  of the plaintiff to give up this bind absolute and the security he take in  lieu of the bind become defective by his own laches Mr attorney general insist  the plaintiff shall not be allow to resort to the defendant to make up the  deficiency Mr solicitor general of the same side say Edward before Huey apply  to the plaintiff be uneasy at be a surety and atkins at his importunity this  application to the plaintiff be make for it appear by the plaintiff own bill  that he ask Edward why he be so uneasy at be a coobligor and that he answer he  have very good reason after this the plaintiff agree with his eye open to  accept of the note and to satisfy Edward put the bind into Edward hand with a  receipt on the back in full for principal and interest what can be the meaning  of this transaction why plain to remove Edward uneasiness and to let he lose  entire from be liable any long as a coobligor in this bind Lord chancellor I  have have some doubt during the course of this cause but be now full satisfy  that the plaintiff be not entitle to relief Mr Edward have not be guilty of  any fraud there be many case where equity will set up debt extinguish at law  against a surety as well as against a principal as where a bind be burn or  cancel by accident or mistake and much strong if a principal procure the bind  to be deliver up by fraud in such a case the court will certain set it up  because he shall not avail himself of the fraud of any of the debtor note but  a release to one obligor be a release to the other obligors both at law and in  equity bower v Swadlin ante vol but this be not one of those case for the  whole transaction be in order to discharge Edward Mr skip be tell so and Huey  inform he that Edward and atkins er p he have quarrel about it and skip  himself ask Edward how he come to be so press to have the bind deliver up so  that he be full apprise it be solicit at the importunity of Edward skip be a  competent judge of what he shall do and may have decline it but instead of  that accept the note from Huey and a draft on Martin the banker for the Monday  follow which show the confidence and reliance skip have in Huey for it be very  unusual to take such a draft it be plain from hence that skip discharge Edward  for he know Edward will not trust Huey any long what be the rule he who trust  most shall lose most if skip have refuse Edward may have arrest Huey upon the  note which he have give Edward by way of indemnity against the bind atkins it  be say there be a fraud in part of the case relate to the draft on Martin  perhaps it may be so but this be not clear and what have be do by skip  preponderate and rebuts t fraud for it be not right in he after he have  deliver up the bind to make Huey sign such a agreement in the name of Wilcox  and Edward what be the original scope and intention of the application but  that the bind may be deliver up and Edward absolute discharge instead of this  what do skip do why he take a note and make Edward liable by another  instrument and be a plain deceit upon Edward whereas the intention be clear to  discharge he and therefore the bill must be dismiss but without cost