учебный год 2023 / Child, Handbook of the law of suretyship and guaranty
.pdf508 |
INDEX. |
|
|
|
[The llcurea refer to pac&J |
|
|
DAMAGEB-<'..ont'd. |
|
|
|
when judgment against surety fixes, 315. |
|
|
|
agreement that amount paid by surety |
shall |
fl.x, Is against |
|
|
public policy, 315. |
|
|
bond |
to pay, Is not broken If, by payment, |
none |
results, 343. |
DATl!l,
not necessary to a bond, 45. principal may Insert, 41 (note 75).
or contract, may determine when It takes e1fect, 220. alteration or, 161.
consent to an extension or time. does not authorize a change of.
155 (note 108).
DAY,
see, also, "Bail" ; "Time." extension for, will discharge surety, 183.
DEATH, |
|
|
|
|
|
|
|
see, also, "Estate." |
|
|
|||
or |
parties, |
205, |
209. |
|
|
|
of |
obligee, |
257. |
|
|
|
|
ot principal, In |
appeal |
bond, 880 (note |
23). |
|||
|
In ball |
bond, |
299, |
397, 898 (note |
68). |
|
of guarantor, 194. |
|
|
|
|||
of surety, estate liable, 207, 804 (note 77). |
||||||
ot co-surety, does not release survivor, |
193. |
|||||
|
contrlbutloo, 338, |
339, 849, 350. |
|
|||
DEBT, |
|
|
|
|
|
|
Imprisonment tor, |
see |
"Imprisonment." |
||||
DEBTOR, |
|
|
|
|
|
|
see |
"Principal"; |
|
"Joint." |
|
||
DECLARATION, |
|
|
|
|
||
|
see "Pleading." |
|
|
|||
of war, see "Allen Enemy." |
|
|||||
DECEIT, |
|
|
|
|
|
|
see |
"Fraud." |
|
|
|
|
|
DEED, |
|
|
|
|
|
|
see "Bond" ; "Grantor and Grantee"; |
"Conveyance." |
|||||
DE FACTO OFFICER, |
|
|
||||
see "Officer." |
|
|
|
|
||
DEFALCATION, |
|
|
|
|
||
see |
''Default." |
|
|
|
|
|
DEI•'AULT,
see, also, "Performance."
of prluclpnl, makes guarantor liable, 7. when guarantor of payment Is In, 215.
INDEX, |
509 |
[The tcurw refer to pages.] |
|
DEFAULT-Cont'd. |
|
by principal, when obligee's concealment of, Ia frauc!, |
66. |
negllgence In discovering, 69 (note 203). prior to delivery of contract, 210, 219.
acts constituting, 123, 124, 201, 204, 209, 211, 212, 214, 221,
3~ .
while acting as agent, 211. outside locality, 213. conversion after term, 215.
through errors In judgment, 216, 370.
under special bond, surety on general bond not Hable tor,
192, 199.
through acts of subordinates, 74 (note 232), 212 (note 405),
373.
occasioned by creditor or obligee, 210, 217.
occasioned by co-surety, not entitled to contribution, 846. surety liable without notice of, 133, 202.
unless express stipulation tor, 120. notice of, to guarantor, 133, 144, 146.
known to o'bllgee, terminates llablllty of surety as to th~ future, 192, 202.
no defense to surety that It might have been discovered by an examination, 203.
knowledge of, by agent of obligee, 204.
surety on bond In force at time of, Is Hable, 192.
presumed to have occurred while last bond In force, 192, 200.
to make good prior default, 220.
whnt set ot sureties liable for, 200, 201. ball liable tor penalty, 400.
as to recognizance, 389. of public omcer, 270, 370-373. ot judicial omcer, 370-372.
by personal representatives, 876, 877. when liablllty without damage, Is, 216.
bond against, 111 not broken If payment prevents, 343. evidence ot, 273, 274.
surety not liable tor such as occur after his discharge In bank· ruptcy, 238.
when statute of limitations begins running as to, 240 (note 1571).
DEFEASA~CE, 413.
DEFECTS,
when bond Invalidated by, 381, 382.
DEFENSES,
see "Act ot Creditor or Obligee"; "Alte1•atlon": "Ball"; "Bank· ruptcy": "Change"; "Condition"; "Consideration"; "Contrlbu· tlon"; "Default"; "Delay"; "Duress"; "Extension of Time";
510 INDEX.
(The tlgurea refer to pqeL]
DEFENSES-Oont'd.
"Fraud"; "Guarantor''; "Guaranty"; "Illegality"; ..IncapacIty"; "Indemnity"; "Lease"; "Limitation"; "Notice"; "Payment"; "Performance"; "Release" ; "Rent"; "Security"; "Statute of Frauds"; "Statute of Limitations"; "Surety"; "Surrender"; "Tender'': "Usury"; "Waiver."
DEFINITION,
see the word whose definition Is desired.
DELAY,
see, also, "Statute of Limitations"; "Waiver''; "Estoppel''; "Consent"
surety not discharged by, 133, 140, 147, 202, 229. may cause loBS of right of subrogation, 288.
In delivery of goods, no defense to guarantor, 215 (note 426).
DEL CREDERE AGENT, definition, {)1.
Is an Insurer, 92.
contract of, not within the statute of frauds, 91.
DELINQUENCY, see "Default."
DELIVERY, necessity of, 34.
what constitutes, 35.
by principal as agent of surety, 78 (note 245).
by stranger Is constructive notice of conditions, 86, 88. by one obligor Is su1Jiclent, 89 (note 66).
to one obligee Is sumclent, 85.
surety's liability begins from, 45, 210, 219.
liability of sureties signing after, 51, 52, 220 (note 456).
of memorandum required by statute of frauds unnecessary, 111. delay In, of goods Is no defense to guarantor, 215 (note 426). llablllty or one becoming an irregular Indorser after, 362. under forthcoming bond may be waived, 882 (note 88).
DEMAND,
see "Notice."
surety not entitled to, 188. surety can pay without, 298, 328.
principal not entitled to, from surety, 308. co-surety not required to make, 829. bringing suit Is, 268.
necessary to hold an Indorser, 856 (note).
unnecessary on an Irregular Indorser regarded as a joint maker,
861.
DEPART,
see "Ball."
INDEX. |
611 |
['l'hellpru refer to papa.)
DEPOSIT,
see ''Ball"; ..Bank."
DEPRECIATION, see "Loss."
DEPUTY,
an assistant. clerk, or employ~ Is not. 373. llabUlty of surety for acts of, 74 (note 232), 373.
sureties for, when liable to sureties or oftl.cer, 257.
DESTRU<n'ION,
see, also, "Loss."
of property as a defense to surety, 232, 234.
DEVA.STA.VIT,
see, also, "Administrator." what Is, 377 (note 5).
kinds of, 377 (note 5.)
DILIGENCE,
see, also, "Negligence."
required of creditor In guaranty of collection, 222, 223.
DIREarORS,
see, also, "Corporation."
when suit can be brought by, after expiration of term, 257.
DISABILITY,
see "Incapacity."
DISA.FFIRl\IANCE,
see, also, "Infancy."
of contract by Infant principal, and return of consideration, dl• charges surety, 236.
DISBURSEMENTS,
by principal, surety entitled to credit tor, 273.
DISCHARGE,
see "Ball"; "Surety"; "Guarantor."
DISCRETION,
see "Court''; "Judgment."
DISSOLUTION, see "Partners."
DISTINCTIONS,
between surety and guarantor, 7. between surety and Indorser, 10. between surety and insurer, 12. between guarantor and Indorser, 11. between guaranty and warranty, 13. between ball and recognizance, 388. between criminal and civil ball, 389.
by
IS12 INDBX.
[The li.IUI'earefer to pagea.J
DISTR IBUTEES,
sureties for personal representative are Uable to, 876. suit by, on bond of personal representative, 378. contribution by, 834 (note 79), 850.
DIVERSION,
see, ''Alteration"; "Negotiable Instrument"
DIVIDE~DS,
see, also, "Bankruptcy"; "Application." subrogation to, 284.
DIVISIBLE CO:r-.."TRACT,
as to consideration, 52 (note 115).
as to the statute of frauds, 83, 86, 105 (note 79). liability of surety, '216.
DRAFT,
!IPe "Negotiable Instrumenr•; "Enlistment"
DRAWER,
see, also, "Negotiable Instrument" a Rurety, 3, 354, 358.
when principal, 354, 358.
contract of, before acceptance, 358. presumed to be creditor of the drawee, 358. liability, after acceptance, 358.
liability at an Irregular, of Instrument payable to, 859 may be an accommodation party, 364.
It accommodated party, Is liable to the acceptor, 866 (note 4:5).
DRUNKENNESS,
see, also, "lnaanlty": "Incapacity." ot surety, 59, 60.
DURATION,
ot llablllty of surety or gnarantor, see "ALnual Office"; ..Guar- antor"; "Guaranty"; "Surety."
DURESS,
ot surety, 71, 72.
ot principal, 74 (note 231), 254.
DUTIES,
see, also, "Default": "Officer"; "Performance." surety not liable tor those not within scope of bond, 21L as to funds, see "Funds."
discharge of surety by changes In, 160, 166, 167. surety liable for principal's performance, 212, 370.
E
ELECTION,
see, also, "Annual Otllce."
of principal, surety estopped to deny, 261, 262. surety liable for term of principal only, 119.
INDEX. |
G13 |
[The llcuree refer to pagu.J
EMBEZZLEMENT, see "Default."
EMPLOYE'l,
see "Principal" ; "Offi.clal Bond."
ENEMY,
see "Allen Enemy"; "Public Enemy."
ENLISTMENT,
of principal, when discharges ball, 397, 899.
ENTRIES,
see, also, "Evidence."
by principal, when evidence against surety, 274, 275.
EQUITY,
see, also, "Subrogation." w111 reform contract, 114, 116.
may compel creditor to resort first to principal, 133, 137.
surety may set off principal's claim against creditor 1n,•273 (note
755).
exoneration ot co-sureties ln, 329. See, also, "Exoneration." will restrain fraudulent conveyance by co-surety, 330. contribution, 326, 336-339. See, also, "Contribution."
ERASURE,
see "Alteration."
ERROR,
see, also, "Mistake."
of judgment, by principal, liability of surety for, 216.
sureties tor personal representative, lla'ble tor losses tbrongb,
377.
clerical, wlll not discharge ball, 390.
discharge of principal through, will dl.scharge ball, 394.
ESCAPE,
see "Ball."
ESSENTIALS,
Qf contract of suretyship, 24, 45, 86.
ESTATE,
see, also, "Death"; "Bankruptcy."
of deceased principal, creditor not required to present claim to, 239.
surety <'an recover from, though claim of creditor barred as to, 309 (note 111).
ESTOPPEL,
see, also, "Waiver": "Consent." of surety, to deny recitals, 2fll, 262.
to deny capacity assumed, 123, 154, 261, 264.
to deny consideration of sealed Instrument, 49, 150.
CHILDS' SURETYSHIP-88
514: |
INDEX. |
|
(The llprall refer to pqaa.J |
ESTOPPEL--Cont'd..
to deny validity of contract secured, 260, 261.
to question filling of blanks by principal, 42 (note 75). to claim nonresidence as a defense, 64.
to show that otllce was abolished before principal's elL-ctlon
|
thereto, 263. |
|
to deny jurisdiction of court, 261, 264. |
||
to |
deny |
legal existence of obligee, 261, 264. |
to |
deny |
liability because he did not read the Instrument, |
70 (note 212).
•to set up an alteration If he has been negligent, 160. none, from opposing assignment by principal, 289.
none, from participating in bankruptcy proceedings against principal, 238.
none, to set up fraud, 65 (note 189).
none, by corporation, to set up ultra vires, 62 (note 172).
of principal, to question validity of obligation against surety, 311. of co-surety, to show relatlonsblp, 324 (note 24).
EVIDENCE,
see, also, "Question"; "Statute of Frauds"; "Burden of Proof" ; "Admissions."
oral, admissible to show relation, 148, 151, 297, 323, 324. of collateral liability of surety, 105, 106 (note 82).
oral, of contract of suretyship, 112.
to alter or contradict a written Instrument, 114, 116, 148, 262. to show mistake as to address of special guaranty, 258.
to explain memorandum required by statute of frauds, 107, 109.
to explain ambiguities, 116
to aid construction, by showing usage, 117.
against purchaser of negotiable Instrument, for value with· out notice, 148, 153.
to show that no liability was Intended, 152. as to contribution, 327, 344.
of principal's Insolvency, when required In sult for contribution.
838.
judgment against co-surety, admissibility as, 342. of forbearance, 56.
of consent, by Implication, 155. of notice to guarantor, 146.
ot extension of time, when taking Interest Is, 178, 180. of giving statutory notice to creditor, 196.
ot diligence In proceeding against principal, 223.
judgment against or In favor of .principal, against or In favor of surety, 93 (note 39), 23.'J. 275, 306, 378, 886.
amount stated In bond Is, of value of property replevied, 386 (note 64).
.. ..
INDEX. |
515 |
[The !!cures refer tQ paget~,J
EVIDENCE-Cont'd.
judgment against obligee Is, of breach of bond to bold barmletlll,
270.
when judgment against surety Is, against principal, 806, 815. judgment by surety against principal without notice In another
state, Is not, 806 (note 87).
of payment, possession or note Ia, 298 (note 45).
amollnt paid by surety to creditor Is not conclusive against principal, 315.
to vary Implied contract or regular lndora&-, 122, 857. to show time of making Indorsement, 362.
to show contract of Irregular Indorser, 859, 864. EXCHANGE,
see "Security"; "Negotiable Instrument." |
|
EXCUSE, |
|
see "Guarantor"; "Official Bond"; "Surety." |
|
EXECUTION, |
|
see, also, "Slguature." |
|
of contract by principal, necessity or, 43. |
|
signing on condition, 36. See, also, "Condition." |
|
creditor may levy on surety's property, 147. |
|
surety may pay before Issuance of, 328 (note 45). |
|
surety not discharged by stay of, 179 (note 248). |
|
release of levy on principal's property, 225. |
|
creditor not obliged to levy, against principal, 229. |
|
may be required by statute, 137. |
|
by justice ·or the peace against principal Is Insufficient to |
show |
his Insolvency, 223 (note 475). |
|
property taken under, Is payment, 341. |
|
sale of surety's property, Indemnity from principal, 800. |
|
It bought by principal, title remains In surety, 294. |
|
purchase of principal's property by co-surety at nominal |
price |
at sale under, no contribution, 341 (note 114). |
|
Improper levy or, by sheriff, renders his sureties Hable, 369. failure or judicial oftl.cer to lssae renders his sureties liable, 371.
EXECUTOR,
see "Personal Representative"; "Administrator."
EXECUTORY AGREEMENr,
between creditor and principal will not discharge surety, 233 (note 530).
EXEMPTIONS,
principal's right to, what Jaw governs, 296.
EXONERATION,
In equity, 133. 137, 138. by co-sureties, 329.
516 |
INDEX. |
|
(The 11gurea refer to papa.] |
EXO~ERETUR, |
|
what |
Is, 401. |
JilXPENSES,
agreement not to Increase Is consideration for a contract. G5 (note 140).
surety's liability for, 266, 269, 270 383, 384. of administration, surety not liable for, 877. principal's liability to surety for, 314, 316. contribution for, 331, 332.
by co-surety In obtaining security trom principal, reimbursement for, 331.
EXPIRATIO~.
see "Renewal"; "Annual 011lce."
JilXTENSION,
see, also, "Extension of Time."
of corporate charte1•, llablllty of surety for corporation thereafter, 186 (note 288).
EXTENSION OF TIME,
by creditor to principal. discharges surety, 147 (note 71), li0-174. 300 (note 7).
discharges guarantor, 172 (note 20!). discharges Indorser, 172 (note 204)
to one assuming debt, 16, 171 (note 204), 172 (note 204). discharges pledgor, 172 (note 204)
by one co-obligee, discharges surety, 173. by law, discharges surety, 160, 174, 190. by arbitrators, discharges surety, 174. as to part of the debt, 175.
necessity of binding agreement for, 175-177. burden on surety to show, 176 (note 224). Implied agreement for, 177.
question of fact whether made, 176.
procured by fraud or forgery 176, 178, 243 (note 592). when taking Interest Ia evidence of, 178, 180.
taking collateral security maturing after principal debt, Ia not, 178.
when continuance or suit will discharge, 142, 174. stay of execution Is not, 179 (note 248)
naming date by which principal must pay, Is not, 176 (note 225). It lnYoluntary, surely not dlschnrged, 177.
of senled Instrument, by oral agreement, 177 (note 231). condition nnnexoo to, 176.
con~lderation for, 171, 179-182. definite time, 171, 182, 183.
for less than period retiUired to obtain judgment, 174 (note 213). If relation unknown, will not discharge surety, H9 (note 72), 170.
INDEX. |
1517 |
£The tlcurea reter to pqu.] |
|
EXTENSION OF TIME-Cont'd. |
|
with surety's consent, 153 (note 95), 154, 155, 171. |
|
discharge of surety by, may be waived, 185. |
|
request for, by surety, Is waiver of previous discharge, |
1M |
(note 97). |
|
purchaser for value of a negotiable Instrument, without notice of, can bold surety, 185.
reservation of rights, by creditor, will prevent discharge of surety by agreement for, 171, 183..
If surety fully lndemnltied, no discharge by agreement for, 171,
184.
agreement for, by co-surety, takes away right to contribution,
345.
Is consideration for a contract, 57.
EXTINGUISHMENT,
see "I'11yment"; "Performance."
EXTORTION. see "Duress."
EXTRADITION,
of principal, discharges ball, 219, 399.
F
FACTS,
see, also, "Question."
constituting defense, payment by surety In Ignorance of, Is not voluntary, 808.
FACULTATIVE INDORSEMENT, see "Indorsement"
FAILURE,
see "Performance."
of consideration, see "Consideration.
of surety to read contract, see "Fraud."
FALSE STATEMENTS, see "Fraud."
F ALSIFIC.ATION,
see, also, "Default."
accounts by principal, surety llable for, 22L
FEES,
see "Attorney."
FIDELITY INSURANCE,
see, also, "Corporate Surety." detinltlon, 12.
FILING,
omclal bond, 36.