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C lends money to B on the security of a joint and several promissory note made in C's favour by B, and…

Illustration (b) to section 139 holds that "A is discharged from liability on the note". C owed A a duty to deal properly with the furniture, and his wilful negligence…

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C lends money to B on the security of a joint and several promissory note made in C's favour by B, and by A as surety for B, together with a bill of sale of B's furniture giving C power to sell the furniture and apply the proceeds towards the note. C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price is realised. C then sues A on the note. What is the result?

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Correct answer D

Illustration (b) to section 139 holds that "A is discharged from liability on the note". C owed A a duty to deal properly with the furniture, and his wilful negligence impaired A's eventual remedy against B, which section 139 treats as a ground of discharge. A is not left merely to a separate claim for damages against C.

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