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

(The ilpre• refer to pqllll.]

INSTALLMENT8--Cont'd.

when statute of limitations begins to run, as to, between surety and principal, 813.

as to contribution tor, 849.

INSTRUMENT,

see "Bond" ; "Negotiable Instrument."

INSURANCE,

see, also, "Insurer."

conditions as to, 218 (note 442), 221 (note 464). See. also, "Condition."

collection of, by creditor, Is not payment, 244 (note 599).

by creditor, ot destroyed property, Is no defense to surety,

284.

INSURER,

see, also, "Insurance." corporate surety ls, 12 (note 46). del credere agent Is, 92.

distinguished from surety proper, 12. when a surety, 15 (note 53), 19 (note 66).

oral contract of, Is not within the statute ot frauds, 92.

INTENTION,

see, also, "Construction."

how ascertained, 103, 114, 116, 118, 121.

decides whether promise Is direct or collateral, 103. to be determined by the jury, 105.

to become a supplemental surety, 822. construction ot contract to etfectuate, 114, 117, 189. ot parties to guaranty, how ascertained, 128.

to make contract retroactive, 220.

of surety, to be llable tor successive terms, how shown, 190. that partners may act on special guaranty after a change In

In relinquishing or losing security, Is Immaterial, 844.

to pay, not sumclent to make bankrupt surety liable atter dla.. charge, 238.

INTEREST,

see, also," "Usury."

payment of, In advance, by surety, Implies consent, 165 (note

104).

R Iteration as to, 162, 165 (note 166).

when taking, Is evidence of an extension of time, 178, 180. when consideration tor an extension of time, 179.

llablllty of surety for, to creditor, 47, 266, 268, 269, 270.

CHYLDS'SURETYSH~

1530 INDEX.

[T1Ie ftgurea refer to paces.]

INTEREST-Cont'd.

llablllty of guarantor for, from what time, 269 (note 737). llablllty. of principal to surety for, 814, 816.

contribution for, 881, 882.

INTERVENE, surety can, 275.

principal can, 273.

INTOXICATION,

see "Drunkenness"; "Insanity."

INVESTMENTS, see "Guardian."

INVOLUNTARY,

suretyship, definition, 14.

not within the statute of frauds, 89.

payment by co-surety, sutllclent, 841. See, also, "Payment."

IRREGULAR,

see "Defects"; "Indorser"; "Indorsement"

IRREVOCABLE GUARANTY,

see, also, "Guaranty," "Revocation." detlnltlon, 20.

JOINT,

bonds, sole aurety on, Is bound, 64.

not made several by a subsequent statute, 124 (note debtors, are sureties, 4, 19.

when co-sureties, 822.

surety for, Is a supplemental aurety, 6 (note 17).

oral promise by, Is not within the statute of frauds, 102. obligee must proceed against survivors, 207 (note 880). release of one will release all at law, 258 (note 644). elfect of change In number of, 205.

change of joint and several debtors to, Is an alteration, 164. entitled to subrogation, 280.

Indemnity to one who haa paid entire debt, 302. debts, when can be set olf against separate debts, 272. fund, 308, 304.

obligors, are sureties, 19 (note 66).

JUDGE,

see, also, "Ofl!.cer"; "Principal"; "Bond"; "Judicial Bonds." can bind himself as surety, 63.

de facto, bond taken by, Ia valid, 76. See, also, ''De Facto Ofti- cer."

[The ftgurea refer to pac-.)

JUDGMENT,

aa evidence, see "Evidence."

surety's rights not atrected by, 146, 227, 233. subrogation to, 285, 290.

when must be obtained by creditor to be entitled to subrogation,

290.

must be rendered against all defendants or none, 275. for full penalty of the bond, 267.

may be summarily rendered In some cases, 276. _ principal can confess, In favor of surety before payment, 295. against principal, creditor not required to obtain, 229.

necessary to show Insolvency, 223•.

for less than amount due, surety not llable for balance, 244. when release of, will discharge surety, 225.

reversal of, gives surety no right to recover money paid creditor, 234 (note 53;)), 2-13 (note 589), 256 (note 664).

,surety can have, assigned to him, 286 (note 835).

owner of, acquiring land of principal subject to, discharges sur~ ty, 234.

confessing, Is payment, 830 (note 61). enforcement of, by surety against principal, 305. payment of, If enforceable, Is not voluntary, 308. contribution for amount required to satisfy, 332.

affirmance of, renders sureties on appeal bond, liable, 379, 380. reversal of, discharges sureties on appeal bond, 381 (note 27). what Is breach of ball bond to abide, 891S.

recognizance Is conditional confession of, 389.

liability of surety for principal's errors In, 216, 370, 371, 377.

JUDICIAL BONDS,

see, also, "Bond." definition, 876.

!valid, though not statutory, 75 (note 236).

sureties on, discharged by changes In course of procedure, 169. estoppel of, to deny jurisdiction of the court, 261, 264.

to contradict recitals In, 262.

In successive proceedings, are supplemental sureties, 251.

JURISDICTION,

see, also, "Nonresidence." surety estopped to deny, 261, 264.

sureties for judicial officer, liable as to matters outside of, 871. not liable for excess of, 872.

sureties can show, In mitigation of damages, that replevin suit was dismissed for lack of, 387.

ball not discharged by absence ,of principal from, 891, 893. ball not discharged by arrest of principal outside of, 399.

632 INDEX.

[The flew- refer to papa.]

.JUS'l'ICEl OF THE PEACE,

see, also, "Judge"; "Principal"; "Otlicer"; "Bond"; "Judicial Bonds"; "Otliclal Bond."

lusolvency of principal Is not shown by execution Issued by, 223 (note 475).

K

KNOWLEDGE,

see, also, "Notice" ; "Ignorance."

ot relation, statute of frauds does not apply, If no, 102.

creditor must have, to atrect surety's rights, 148, 157, 158, 170.

what constitutes, 150.

when surety must prove, 149 (note 74), 151. Is known to payee of a note, 151.

how shown, by qualltylng words, 47, 151. unnecessary, to wake sureties co-sureties, 320, 321.

Is not consent. 155.

of duress of principal, renders surety liable, 254.

of fraud of principal, by creditor, discharges surety, 70.

of default of principal, terminates sureties' liability on bond of

employ~, 192, 202.

no defense to surety that obligee might have acquired, b,v examination, 203.

by agent of obligee, when Imputed to obligee, 67, 204.

by guarantor, renders notice of, unnecessary, 146 (note 60). of conditions, creditor must have, to be affected by, 222.

by creditor, assent presumed, 41.

of death or change, by creditor, 205, 208.

of law, by surety, presumed,- 250. See, also, "Presumption."

of facts showing no legal llab1llty, makes payment voluntary, 256,

808, 342.

by surety, may excuse notice of, 221 (note 462).

of security, unnecessary to give right of subrogation, 276, 288,

351.

unnecessary to entitle surety to benefit of, 319.

L

LABORERS, .

see, also, "Building Contract."

when may hold sureties for building contract, 269.

LACHES,

see "Delay"; "Statute of Limitations"; "Waiver"; "Consent." LAND,

see "Propt>rty"; "Conveyance"; "Grantor and Grantee": "Mort· gage"; "Lease"; "Rent"; "Assumption."

LANDLORD,

see "Creditor''; "Lease" ; "Rent."

LANGUAGE,

see "Construction"; "Words."

LARCENY,

see ''Theft"; "Default"

LAW,

see, also, "Act of Lnw"; "Conflict of Laws"; "Question"; "Bankruptcy"; "Statute of Llmltntlons"; "Allen Enemy"; "Constitution"; "Stntute"; "By-Law"; "Involuntary."

surety supposed to know, 2<10. See, also, "Presumption." alteration by, discharges surety, 160.

change In, discharges baU, 898.

right of surety to terminate Uablllty on, by notice, 198 (note 811). when surety for, Ia not liable If tenant ejected, 219.

subrogation, by surety tor, to right to distrain, 284.

LEAVE OF COURT, see "Ba11."

LEGALITY,

see "Illegality."

ot consideration, see "Consideration."

LEGISLATURE,

see "Act of Law"; "Statute."

LETTER,

ot credit, 22, 121.

of Introduction, Is not a guaranty, 121.

LEVY,

see "Execution."

LEX FORI,

see "Conflict of Laws."

LEX LOCI CONTRACTUS, 80.

LIENS,

see, also, "Security"; "Mortgage": "Judgment"; "Building Contract."

suretyship arising from, 15.

relinquishment of, Is consideration for contract. 57.

I~DEX. 535

tThe IIeure• refer to p..-J

MATERIALMEN,

see "Bulldlng Contract"; "Liens."

MEASURE OF DAMAGES, see "Damages."

MEMBER,

see "Partners."

MEMORANDUM,

see "Statute of Frauds."

MERGER,

as a defense to surety, 234.

MILITARY SERVICE,

when ball discharged by principal entering, 397, 399.

MDHSTERIAL ACTS, see "Judge."

MINOR,.

see "Infancy"; "Incapacity."

MISAPPLICATION,

see "Default"; "Payment"; "Security."

MISREPRESENTATION, see "Fraud."

MISTAKEI,

see, also, "Error."

surety not liable though words are omitted through, 212. as to address of special guaranty, 2:)8.

when ground for reformation, 117. See, also, "Reformation." In application of payment, 246 (note 613).

by creditor, In telllng surety that debt Is paid, 265, 266. relinquishment of security by, 231.

MITIGATION OF DAMAGES, see "Damages."

MOLESTATION,

see, also, "Harmless." meaning of, 217 (note 439).

MONEY,

see, also, "Currency" ; "Funds" ; "Det'ault" ; "Payment" ; "Loss"; "Fire."

received by a public otDcer outside of scope of otDce, 123, 124. of third person used by principal to pay debt, 245.

ot surety, must be applied as be directs, 246. See, also, "Application."

what Is a sutDclent tender ot, 248 (note 623). See, also, ''Tender." of principal surrendered by creditor, 226.

recovery of, by surety, 227, 234 (note 535), 256, 312, 39L

"Guaranty"; "Subrogation."

presumption, none, that any maker Is a surety, 150. that payee knew that one maker Is surety, 151. that co-makers with principal, are co-sureties, 32L

co-sureties, 822.

eurety on, may become supplemental surety as to sureties on bonds given In judicial proceedings concerning, 25L

llablllty of firm on, 79.

by married woman, sureties Hable, 236.

with forged signatures or sureties, etl'ect, 243 (note ~2). consideration for, presumed, 54.

for gambling transaction, void, 308. diversion or, 254 (note 654), 257. alteration as to, see "Alteration."

surrender of, held by creditor as collateral security, 226. fallure of consideration, 2M (note 654).

Intrusted by creditor to principal, effect, 218.

payable on demand, when statute of limitations begins to run, 240 (note 571).

estoppel of surety to show that he Is not principal, 264. recovery by surety on, ot face value from principal, so;;. from firm, when given by one partner tor firm, 300.

possession Is evidence ot payment or, 298 (note 41'5).

paid by surety, cannot be put In circulation against principal, 305 (note

what Is payment ot, by sureties from a joint fund, 30i. right ot co-sureties to enforce, against others, 282, 342. mortgage given to secure, covers renewals of, 319.

snrety tor an agent Is not Hable tor his, given Individually, 214 (note 417).

given by principal to surety, ls valid, 295.

tor Interest In advance, Is consideration tor an extension of time, 179, 181.

giving, Is an extension of time, 177.

containing forged signatures, Is not a renewal, 177 payment by, see "Payment"

purchaser tor value without notice, surety does not become by subrogation, 277 (note 778).

ot ultra vires, can enforce, 63.

that It was signed by partner without authority, can enforce, 79.

relation cannot be shown against, by oral evidence, 148, 153. contract of Irregular Indorser cannot be shown against, 3G4. Is not subject to conditions, 41, 42 (note 76), 222.

want of consideration cannot be shown against, 48, 54..

NOTICE-Cont'd.

or amount, to guarantor, 133, 134, 144. of principal's default, 120, 133, 202, 2M. to guarantor, 133, 143, 144, 145, 146.

termination of liability by, surety's right, 191, 193 (note 311). guarantor's right, 192, 194.

to revoke guaranty, 208.

•to proceed against principal, at common law, 193, 194. can be given In some states, 194-196 (note 321), under statute, 192-198.

statute strictly construed, 196.

relation need not appear, 196 (note 824). right to give, 196.

evidence of gl'l"lng, 196.

by whom given, 196, 197, 347. to whom given, 198.

unavailing, It prlnt>ipnl a nonresident, 198. requisites, 105--197.

compliance with, 19;), 198. withdrawal of, 197.

sureties for personal representative not entitled to, ot settlement ot accounts, ~78.

ot defenses against creditor, 308, 311. by surety, principal not entitled to, 308.

ot suit, 298, 306, 315, 329.

by co-surety unnecessary, that debt Is paid, 329.

to Indorser, 356 (note), 361, 363 (note 35), 365 (note 41).

NOVATION,

see, also, "Merger."

not within statute ot frauds, 94.

NUMBER,

see "Change"; "Alteration"; "Partners."

0

OATH,

surety not discharged by principal's failure to take, 263, 368 (note 3).

OBLIGATION, see "Bond."

OBLIGEE,

see, also, "Creditor"; "Bond." definition, 3.

must respect rights ot surety as soon aa relation known, 148. bas constructive notice rrom race ot Instrument, 40.

bond without Ia void, 120.

surety estopped to deny legal existence ot, 261, 264.