COURSON v. SIMPSON

Record No. 951295.

468 S.E.2d 17 (1996)

Herman L. COURSON, et al. v. Margaret N. SIMPSON, Trustee, et al.

Supreme Court of Virginia.

March 1, 1996.


Attorney(s) appearing for the Case

Stuart A. Raphael McLean (Hunton & Williams, on briefs), Richmond, for appellants.

Kelly R. Dennis, McLean (Haas & Dennis, on brief), for appellees Christopher Nicoll, Lynne Fuller, as and for Estate of Robert C. Nicoll.

Jack S. Rhoades, Alexandria (Cake, Rhoades & Schewe, on brief), for appellees Margaret N. Simpson and Gordon P. Peyton.

Present: CARRICO, C.J., COMPTON, STEPHENSON, LACY, KEENAN, and KOONTZ, JJ., and COCHRAN, Retired Justice.


KEENAN, Justice.

In this appeal, we consider whether a surety was discharged from its obligation by Code §§ 49-25 and -26,1 after giving written notice to the creditor to institute suit against a debtor corporation which the surety concedes was insolvent.

In 1981, Springfield Associates, Inc. borrowed $28,460.50 from a trust established by the estate of Robert C. Nicoll (the Nicoll trust). The loan was secured by a deed...

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