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

(The acuree Teter to pqeeJ

REGULAR INDORSEMENT,

see "Indorsement" ; "Indorser."

RELATION,

see "Change" ; "Knowledge"; "Notice."

RELEASE,

see, also, "Cancellation"; "Relinquishment"; "Security." covenant not to sue, Is not, 248 (note 626).

Is consideration, 57, 88, 56 (note 140).

without consideration, Is not binding, 252 (note 643). part pnym~.>nt, 248 (note 626).

procuring Insolvent principal to pay part, Is consideration for from contribution. 347 (note 155).

abrogating provision for, Is an alteration, 164. of surety, 242, 248, 249, 250.

wlll not discharge principal, 155, 253. discharges supplemental surety, 251.

of principal, efl'ect on surety's liability, 148 (note 71), 227 (note 492), 251.

consent to, 153 (note 95).

of Indorser, efl'ect, 249 (note 627), 251 (note 637).

of grantor will not rel~.>ase grantee who has assumed debt, 253. ot one Installment, will not afl'ect rest, 250.

of lien by creditor, discharges surety, 225.

of mortgage as to part of the land, e!fect as to the remainder, 249 (note 627).

of se<:urltles by surety, efl'ect on creditor's subrogation, 290. , or co-surety, e!fect, 252, 253, 263 (note 644).

as defense to contribution, 340, 845, 347.

RELINQUISHMENT,

see, also, "Release"; "Loss." of security, see "Security."

of lien, Is consideration, 57.

payment of Installments to building contractor In advance, dis- charges surety, 166.

REMEDY,

see, also, "Action." summary, 276.

REMISSION,

or forfeiture of ball bond, 400, 40L

REi\IO'.rE DAMAGES,

see "Damages."

REMOVAL,

see, also, "Nom·esldence."

of principal, surety not liable thereafter, 188.

of security, creditor under no duty to procure, 229.

notes are secured by the mortgage given to secure the originals,

319.

RE~"'T,

see, also, "Lease"; ''Divisible Contract" ; "Installments." guarantor of, liable for each Installment as due, 216.

release of some Installments, wlll not release as to others, 250. rent due not released by surrender of lease, 250.

for entire term not covered by guaranty during occupancy, 216. surety not liable for, after expiration of lease, 187.

guarantor of, not discharged by assignment of lease, 168. surety for, not discharged by destruction of the property, 234.

guarantor of, not discharged by collection of Insurance money by landlord, 244 (note 599).

discharge of surety or guarantor by alteration of lease, 168. See, also, "Alteration."

guarantor of, discharged by reduction In, 168 (note 185). not discharged by a collateral agreement, 168.

sureties for administrator not liable for, 377. surety on appeal bond not liable for, 267.

REPEAL,

see "Statute."

REPLEVIN BOND,

see, also, "Bond"; "Judicial Bond." object and conditions of, 386.

must be tendered omcer before he can be required to act, 386. sureties estopped to contradict recitals, 262.

llablllty of sureties on, 38.'5-387. judgment Is evidence In suit on, 386.

amount stated In Is evidence of value of property, 386 (note 6!). surety entitled to Indemnity from principal, 311.

REPRESENTATION, see "Fraud."

REQUEST,

BE!i'. also. "Recommendation." Is not a guaranty, 126.

to become a surety, 307.

to principal from obligee, not to perform, surety discharged, 217.

RETURN,

see, also, ''Relinquishment"; "Surrender."

ot property prevented by Its destruction, surety discharged, 234.

REVERSAL,

ot judgment against principal gives surety no right to recover money paid creditor, 234 (note 535), 256 (note 664).

REVIEW,.

see "Appeal Bond."

REVIVAL,

see "Waiver"; "Statute ot Limitations."

. REVOCATION,

ot guaranty, see "Guaranty." ot offer, 38, 84.

ROBBERY,

when sureties liable for loss ot tunda by, 374.

RULE,

see, also, "Construction."

ot court, person Is bound who becomes surety In violation or, 03.

s

SALARY,

see "Compensation"; "Alteration."

SATISFACTION,

see "Payment"; "Performance."

SECURITY-Cont'd.

may be enforced though statute of limitations bas run as to principal, 318.

by principal to co-surety, Inures to all, 351. must be accounted for, 341.

expenses cun be retained, 351. relinquishment or loss of, 276, 344, 345. exchange of, 345.

co-surety must show that disposition was proper, 846. for another debt, 345.

burden on co-surety to show, 345 (note 138). apportionment of, among debts, 352. contribution not affected by, 327, 328 (note 40).

received after rights adjusted, can be retained, 352. subrogation to, 350, 351.

by principal to third person, surety entitled to though Ignorant thereof, 319.

by co-surety to co-surety, no subrogation to, 352.

by third person to co-surety, can be retained, 350, 352.

tiELLER,

see "Assumption"; "Grantor and Grantee."

SET-OFF,

see "Counterclaim."

SEVERABLE CON'.rRA.CT,

see "Divisible Contract"; "Rent''; "Installments.•

SHERIFF,

see "Omcer" ; "Principal": "Omclal Bond."

SICKNESS,

no excuse for failure of omcer to perform his duty, 371 (note 16). of principal as ground for setting aside forfeiture of ball bond,

401.

of ball, no defense, 401 (note 90).

SIGNATURE,

see, also, "Names." by surety, necessity, 46.

place of, 45.

presumed to have been at request of principal, 45 (note 89). forgery of, or without authority, no defense as to others,

76, 77.

on renewal note, el'fect. 243 (note 592).

no prNmmptlon that one of two or more, Is a surety's, 150. on condition, 36, 37, 39. See, also, "Condition."

added to existing bond, beginning of liability, 2:!0 (note 456), by principal, necessity of, 43.

unauthorized, llnl>illty of sureties, 44 (note 83).

to memorandum required by statute of frauds, 109-llL

SIGNA.TURE--<Jont'd.

alteration as to, 163. See, also, "Alteration." of witnesses, Immaterial, 170 (note 202).

SPECIAL BAIL, see "Ball."

SPECIAL GUARANTY, see "Guaranty."

SPECIAL INDORSEMENT,

see "Indorsement" : "Indorser."

SPECULATION,

see "Notice"; "Indemnity"; "Contribution."

SPOLIATION,

see "Alteration."

STAMP,

surety not discharged b;y absence of, 47 (note 100).

S'l'A.TE:\IENT,

see ''Fraud."

STATUTE,

see, also, "Act of Law": "Statute of Frauds": "Statute of Limitations"; "StatUtory Bond."

surety becoming such In violation of, Is bound, 59, 63. surety bound though noncompliance with, 74 (note 229). contract construed with reference to, 114, 122, 189, 190.

o~al evidence Inadmissible to vary Irregular lndorser'l contract as fixed by, 359, 364 (note 37).

conditions annexed by, 39 (note 66), 133, 143. may make surety liable as principal, 123.

may make surety liable for successive terms, 190.

requiring examination of principal's accounts, not for surety's benefit, 203.

making office vacant If bond not filed, 368. fixing term of office, surety not liable longer, 188.

making recognizance void, discharges sureties, 898. abolishing Imprisonment for debt, discharges ball, 398. effect on contract of amendments to, or repeal of, 123. changing venue, ball not discharged, 39G (note 62).

cannot make existing joint bond a several one, 124 (note 48). etrect of extension of time by, 174, 190, 213.

requiring credJtor to resort first to security, 136 (note 12). authorizing surety to require suit by creditor, 192-198.

requiring levy on principal's property first, 137 (note 16), 147 (note 70).

allowing summary remedies, are constitutional, 276. surety not liable for penalties under, 271. subrogation to liens given by, 285 (note 827).

making surety Incapable of recovel'ing from principal, 807.

requires written evidence, 83, 113 (note 126). does not make oral contract void, 87, 88, 112. promises partly within, 83, 86, 105 {note 79). promise to pay for labor and material, 105.

when applies, substance of contract determines, 83, M. agreement to become surety, 85.

to answer for Implied promises, 88, 89. voidable contracts of principal, 93, 95. does not apply, to Involuntary suretyship, 89.

If relation unknown, 102. original promises, 89, 102, 105. if promise to debtor, 98.

If promise to third person, 98 {note 54). If no principal, 93.

If principal released, 95.

to promise to pay out of debtor's property, 96. to promise of Indemnity, 89, 00 (note 27).

to promise to pay own debt, 101. by joint debtor, 97.

if chief object Is to ac<iulre a b<>neftt, 98.

agreement to submit to attachment, 85. agreement to procure a guarantor, 85.

agreement that principal will give a mortgage, 86. guaranty of corporate dividends, 94 {note 42). fraudulent assertions, 92.

agreement as to contribution, 91 to right of subrogation, 291. · to attorney's contract, 87.

promise reviving statute of limitations, ffl. memorandum under, form and sufficiency, 106.

time of making, 108, 111. requirements, 106.

must contain terms, 106, 107. consideration, 108, 109. signature, 106, 100-111.

seal, 109 (note 107). delivery, 111.

oral evidence to explain, 107, 109.

prevails, though oral contract enforceable where made, 112.

STATUTE OF FRAUDS-Cont'd must be pleaded, 112.

defense o!, waiver, 85 (note 2), 88, 112, 310.

surety cannot recover money paid on oral contract, 88. does not dispense with consideration, 83, 86.

STATUTE OF LIMITATIONS,

as a defense to surety, 143, 235, 239, 391.

defense of, to principal, not avallable to surety, 23fS, 239. as a defE'nse to principal against surety, 306, 313.

as a defense to contribution, 340, 348. ·when begins to run, against creditor, 239.

In favor of guarantor, 240. In favor of principal, 813. against co-surety, 348.

as to Installments, 349.

lwben prevented from running, pnrt"puyment, 241. new promise, 87, 240.

fraud, 240.

provision shortening time, Is valid, 242.

provision as to unwritten contracts applies In favor of priDclpal and co-surety, 314, 849.

waiver of, by surety, 309.

by co-surety, 343 (note 126). cannot for co-surety, 342.

as affecting enforcement ot security, 239 (note 567). does not apply to right of subrogation, 291.

STATUTORY BOND,

see. also, "Offlclal Bond." definition, 73.

validity, 73, 74.

STIPULATION,

see "Condition."

STOCKHOLDERS, see "Corporation."

STRANGER,

delivery by, 35, 86, 88.

SUBCOXTRACTORS,

cannot bold sureties of contractor, 256 (note 666).

SUBORDINATES,

see, also, "Deputy."

surety not liable for acts of, 212 (note 405).

SUBROGATION,

of equitable origin, 277. advantages of, 286. conventional, 277, 278.