учебный год 2023 / Child, Handbook of the law of suretyship and guaranty

518 INDJ!IX.

rna. Gcurea refer to pape.]

FILLING,

see "Blanks...

FINE,

Uablllty of ball tor, not discharged by a surrender of the prin- cipal, 893

Fmm,

see, also, "Destruction": '"Loss" : "Negligence": "Property"; "Bailment": "Performance"; "Condition."

when surety Hable tor loss ot funds by, 374.

FIRM,

see "Partners."

FORBEARANCE,

see, also, "Delay"; "Extension of Time." when consideration tor a contract, 53, M, 56. evidence of, 56.

what Is, for a definite time, 56.

to principal, will not discharge surety, 176 (note 224).

FORFEITURE,

of ball bond, see "Ball."

of corporate charter, llablllty thereafter of surety for corporation, 186 (note 288).

ot otllce, It publlc otllcer falls to file bond, 886.

FORGERY,

see, also, "Fraud."

ot co-surety's signature, Is no defense, 76.

ot signatures to a renewal note, etrect, 177, 243 (note 592). delay, by surety, atter discovery of, 78 (note 249).

FORECLOSURE, see "Mortgage."

FORM,

change In, of security beld by creditor, 230. of notice of acceptance of otrer, 32, 33.

of notice by creditor, 134, 146. of otllclal bond, 403, 407.

of continuing guaranty, 414. ot guaranty of collection, 415.

FORMALITY,

of contract of suretyship, 24, «

FORMATION,

ot contract of suretyship, essentials, 24, 45.

ot contract of guaranty Is complete when accepted, 80 (note 256).

FORTHCOMING BOND,

see, also, "Attachment": "Bond"; "Judicial Bonds." nature and conditions, 382.

[The ligures refer to pqea.J

FORTHOOMING BOND-Cont'd. discharge of sureties, 882.

delivery at property under, may be waived, 882 (note 38).

FRAUD,

see, also, "Forgery''; "Statute of Frauds." on surety, not bound, 64.

not estopped to show, 260.

creditor must be connected with, to atrect hlm, 70, 220. by third person, will not release surety, 70.

by agent of obligee or creditor, 67. what constitutes, 65.

concealment, 65, 66, 69, 70.

statements and representations, 67-69. when Ignorance Is, 69.

surety's failure to read contract, Is not, 70.

failure of creditor to take other security, when not, 66

by principal on creditor, 176 (note 230), 178.

release of surety obtained by, lnsu1ficlent to discharge, 250. extension of time procured by fraud, 176.

surety discharged when Induced to believe note paid, 218. running of statute of limitations suspended by, 240. constructive, tor one co-surety to take principal's property, 84:4,

l$51.

waiver of defense of, 71.

when ground for reformation of contract, 117.

FRAUDULENT CONVEYANCE,

by principal, right of surety to set nslde, 295. subrogation, to creditor's right, 284.

mortgagor of property conveyed by, Is a principal, 18 (note 65). by one co-surety, 327.

suit to restrain, 330.

FUNDS,

see, also, "Money."

llablllty of sureties for loss of, 374. reported on hand by principal, 201, 215. on hnnd at end of prlnclpnl's term, 215.

surety liable for after death of principal, 206.

used by principal to make good his prior default, 201, 220. surety liable tor, though lncr~ased, 214.

received by principal outside scope of office, 123, 124, 211, 214. covered by a special bond, surety on general bond not liable tor,

200.

Interest on, sureties tor public officer liable tor, 270.

520 INDEX.

['l'he tlguree refer to pqee.)

FUNDB-Cont'd.

of estate of deceased person, 376.

liability of sureties ot personal representative for, 377. liability of sureties for guardian for, 378.

failure of principal to remit promptly, Is not a default, 204. misapplied by principal, surety's right of subrogation to, 284. agreement between principal a surety for Illegal loan of, surety

no right of Indemnity from principal, 311. of principal, co-surety must account for, 341.

ot principal used by co-surety to make payment, no contribution,

340, 341.

joint, what are, 337.

G

GAMBLING,

see, also, "Illegality" ; "Notice.''

obligee Is not bound to disclose that principal Indulges In, 70.

GENERAJ, GUARANTY, see "Guaranty."

GOD,

see "Act of God."

GOLD,

alteration as to provision for payment In, discharges surety, 164.

GOOD,

meaning of, 126, 127 (note 65). faith, see "Fraud."

GRANTOR AND GRANTEE,

see, also, "Conveyance"; "Mortgage"; "Assumption"; "Buyer."

when grantor becomes a surety, 4, 15, 82.

when grantee becomes a surety, 6 (note 20), 16, 19.

grantee, assuming mortgage on land, can be sued by tbe mortgagee, 16 (note 54).

extension of time of payment to, discharges grantor, 171 (note 204).

remains liable to mortgagee after release of grantor, 253.

when bank or other corporation may be, 62.

when Irregular Indorser presumed to be, 358, 3:59, 300 (note 2f), 3G1, 362 (note 31), 3G3 (note 31).

a surety, 3.

['1'heftgurea refer to pacea.l

GUARANTOR-Cont'd.

a supplemental surety, 323. when not a co-surety, 320.

not jointly liable wlth the principal, 7. does not undertake to perform, 7 (note 25).

may annex conditions to his contract, 11, 218 (note 442). duress of, 71.

bound, tbough some signatures are forged, 76 (note 239).

or note payable to maker's order, and not Indorsed, 44 (note 84). termination of liability, 186, 187, 192, 194, 205, 208.

becomes liable on default of principal, 7. of severable contract, 216.

not discharged by creditor's delay, 141 (note 33). may be sued before principal Is, 134 (note 4).

cannot compel creditor to sue principal, 196 (note 821).

not bound, If creditor guilty of fraud, 65 (note 189), 218. of note to be payable In a particular place, 213 (note 411). notice of amount advanced to principal, 133, 144.

notice of principal's default, 133, 144-146. discharged by a change In contract of sale, 168.

discharged by a change as to term of credit to principal, 169. of lease or rent, 168, 244 (note 599), 250. See, also, "Rent."

for payment of money not liable for payment of goods, 168 (note

185).

for payment of money not liable for extension or credit to prln· clpal, 215.

for payment of goods, not discharged by delay In delivery, 215 (note 426).

not discharged by removal or principal's place of business, 161 (note 137).

discharged by extension of time, 172 (note 204). See, also, "Extension of Time."

for return of property not liable If destroyed, 234. statute of limitations, 240, 241 (note 582).

Is liable for Interest, 269 (note 737).

Is liable for stipulated and liquidated damages, 215, 271. not liable for protest fees, 270.

when liable for costs and attorney fees, 270. waiver by, of defense of fraud, 71 (note 218). subrogation to securities held by, 289 (note 856). entitled to subrogation, 280.

entitled to Indemnity from principal, 293 (note 4), 302.

entitled to Indemnity from surety In narrow sense, 323 (note 21). of payment of necessaries furnished Infant principal, 307.

may join with co-guarantors to foreclose mortgage against prln· clpal, 318 (note 104).

GUARANTY,

see, also, "Surety"; "Guarantor." definition, 2.

what constitutes, 127. distinguished from warranty, 18. classification of, 20.

absolute, 20, 21.

of collection, definition, 21. form of, 415.

what expressions construed to be, 127 (note 65). of Installments, 224.

Implied conditions of, 21. 143, 222-224..

how addressed, 259.

construed as such, If so acted upon by the parties, 12L can be acted on by any one, 259.

can be enforced by transferee of a negotiable Instrument,

by personal representative of guarantor, 208. special, 22.

who can enforce, 258.

addressee, who may act on, 258, 259. assignment, 258.

ta' complete when accepted, 80 (note 256).

notice of acceptance to one joint guarantor, sutllclent, 33. authority of one partner to bind the firm by, 79. consideration for, see "Consideration."

presumed made at same time as the principal contract, 108.

Is made In the state where accepted, 181. See, also, "Acceptance." promise essential to, 125.

request or recommendation Is not, 126.

must be evidenced In writing, 18. See, also, "Statute of Fraud&"

INDEX.

[The llpre• refer to pac-.]

INOAPA.OITY,

see, also, "Capacity." of surety, as a defense, 59.

sole liability, Is not, 00. Insolvency Is not, 00. nonresidence Is not, 64.

noncompliance with statute Is not, 74-229. as a defense to contribution, 340.

ot principal, does not take surety's contract out of the statute nf trauds, 9lS.

not a defense by the surety, 235.

as a defense against surety, 806, 307.

INCOMPLETE INSTRUMENT, see, also, "Blanks."

gives constructive notice of conditions by surety, 86, 88. principal Is agent of surety to complete, 78 (note 245).

INCORPORATION, see "Corporatlon."

INDEBTEDNESS,

assumption of, see "Assumption."

INDEMNITY,

see "Bond," "Damages," "Seeurlty."

Implied promise of, by prlnelpal to surety, 292, 293, 366. superseded by express agreement for constructron, 292, 294.

persons entitled, 299-303, 809, 310.

when surety may sue principal for, before payment, 299. surety can bring suit tor, with notice to or demand ot principal,

303.

action of assumpsit tor, 304.

action not based on creditor's contract with principal, 293.

and contribution cannot be sought In same suit at law, 837 (note 94).

parties to suit for, 303, 304. defenses to action for, 306.

that principal did not execute contract, 43, 294. Infancy, 307.

Illegality, 810, 311. See, also, "Illegality." performance, 312. See, also, ''Performance." payment, 312. See, also, "Payment." contribution from a co-surety, 314.

original contract not enforceable, 88, 310. principal released by creditor, 251

bankruptcy and Insolvency, 312. See, also, "Bankruptcy." statute of limitations, 313. See, also, "Statute of Limita-

tion."

amount recoverable by surety from principal, 805, 812, 814.

526 INDEX,

[The ll.gure1 refer to p..-.J

INDEMNITY-Cont'd.

promise of, by one co-surety to another, as defense to contribution, 340, 343.

though oral, 89, 90 (note 27), 344. See, also, "Statute ot Frauds."

when Implied from request to become a co-surety, 343 (note

128).

extension of time to principal wlll not discharge surety If be have, 171, 184. See, also, "Extension of Time."

release of principal will not discharge surety If be have, 2:>1. See, also, "Release."

surety, by taking, waives defense, 154 (note 103).

receipt of, by surety, w111 not revive liability If discharged, 185. co-surety's right to contribution not affected by holding, 335.

See, also, "Contribution."

against liability before damage, 216.

INDICTMEN'l',

see, also, "Ba!P

when failure to make, will discharge ball, 395. defective, no defense to ball, 391.

when quashing, will discharge ball, 895.

for a different offense, as a defense to ball, 396.

INDIRECT DAMAGES, see "Dllmages."

INDORSEMENT,

see, also, "Indorser." object of, 358.

must be made on Instrument transferred by, 11.

should be placed on back of Instrument transferred. 854. time of making may be shown, 862.

Is a conditional contract, 856 (note).

by maker, Is not a technical one, 868 (note SlS). classlflcatlon, 8::i5.

absolute, definition, 856. In blank, definition, 855.

conditional, definition, 856. contingent, definition, 856. facultative, definition, 85.5. In full, definition, 355. general, definition, 855. Irregular, 356.

presumed to be made before delivery, 862. qualified, 3:"i5.

regular, 33G.

presumption that It Is. 356, 803.

cannot be varied by oral evidence, 122, 857.

INDEX.

[The apr. refer to pqee.]

INDORSEMENT~ne~

without recourse, definition, 855. how made, 857.

restrictive, definition, 855. special, 855.

of pretended partial payment, Is an alteration, 162 (note).

INDORSER,

see, also, "Indorsement: definition, 854.

Is a surety, 8, 3M, 858.

Is a supplemental surety, 6, 249 (note 626), 251 (note 687),' 323. Is a principal as to subsequent parties, 249 (note

Is not a co-surety, 820, 323. unless shown to be, 824~

distinguished from guarantor, 11.

distinguished from surety In the narrow sense, 10. contract of, Is Implied, 122, 3:i7.

object of, 11.

conditions of, 10, 11, 143. may be waived, 11, 310.

Is not broken at principal's default, 12. before acceptance of a bill of exchange, 358.

who Is also the maker, Is not entitled to notice, 868 (note 85). Irregular, presumption as to, 358, 359.

contract of, can be written In full by holder, 862. when express agreement can be shown, 359, 864. cannot show that no llablllty was Intended, 864.

liability, 858, 859, 362, 368.

without recourse, liability of, 354, 857. accommodation party as, 364.

entitled to notice, 365 (note 41).

not liable to accommodated payee, 365 (note 43). rights of, not atrected by judgment, H6 (note 64).

after liability fixed, Is not discharged by delay, 142 (note' 33). cannot require creditor to sue principal, 196.

liable, though prl~slguatures forged, 77.

can show want of consideration and fraud, 857. extension of time to principal wlll discharge, 172 (note 204). release of, etrect, 249 (note 627), 251 (note 637).

bankrupt, liability of, 238 (note 559).

statute ot limitations not revived against, by part payment by principal, 241 (note 582).

liability ot, to remote parties, 81>8.

entitled to recover Indemnity from principal, 293 (note 4), 802, 310.

cannot recover costs, 316 (note 152). entitled to subrogation, 280, 282.

subrogation to securities held by, 289 (note 856).

INDULGENClll.

see "Forbearance"; "Delay"; "Extension ot Time."

INFANCY,

see, also, "Incapacity."

ot surety, as a detense against creditor, 59, 60. may be waived, 310.

ot principal, not a defense to surety against creditor, 235. 286. as a defense against surety, 307.

no excuse, to ball, tor departure from state, 393. guaranty that principal will not set up defense ot, Is not

anty of payment, 211.

INFORMATION,

see "Knowled~te"; "Notice"; "Indictment."

INJUNCTION BOND,

see, also, "Bond"; "Judicial Bonds." when required, 884.

given after Issuance of Injunction, 52 (note 1115). liability ot sureties on, 383--385.

recovery on, cannot be had by one not bound by Injunction, 237 (note 667).

when sureties on, are liable to other sureties, 251 (note 638).

INSANITY,

see, also, "Incapacity" ; "Drunkenness."

ot surety as a defense against the creditor, 59, 60. when subsequent, no defense to contribution, 849.

ot principal, not a defense by surety against creditor, 235, 236. as a defense against surety, 307.

as ground for setting aside tortelture ot bail bond, 401.

INSOLVENCY,

see, also, "Bankruptcy."

meaning of, In guaranty ot collection, 223 (note 477).

of principal, excuses dlllgence by creditor In guaranty of collection, 223.

no defense by surety against creditor, 237. proof of, In suit tor contribution, 338.

ot surety, Is not Incapacity, 60.

ot co-surety, no ground for release by others, 193.

as determining extent of release of, 25.1 (note 644). should be alleged In bill tor contribution, 339.

INSTALL::\rENTS,

sPe, also, "Divisible Contract"; "Rent."

diligence must be used as to each, ln guaranty of collection. 224. relem•e of one, will not atrect Uablllty tor others, 250.

all must be paid to entitle surety to subrogation, 279. surety may pay In, and sue principal tor each, 301.