A Treatise on the Rights, Remedies and Liabilities of Sureties and Guarantors, and the Application on the Principles of Suretyship to Persons Other Than Sureties, and to Property Liable as Surety for the Payment of Money

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Baker, Voorhis, 1881 - Suretyship and guaranty - 551 pages
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Contents

Van Campen 352
92
CHAPTER VI
94
CHAPTER VIII
108
Alexander 240 241250
116
Twofold liability of sureties and guarantors
133
CHAPTER X
194
CHAPTER XI
207
DISCHARGE OF SURETIES OR GUARANTORS SECTION I Not discharged by mere forbearance
219
By neglect or refusal to sue after request
223
By neglect to sue after the statutory notice has been given
226
By want of diligence in the prosecution of the suit
230
By failure to terminate the contract after default
233
By release of cosurety or indorser
235
By release of securities
237
By extension of time of payment
240
M 24 I 90
241
By implied contract for extension of time
248
Io Consideration of agreements extending time
249
Extension of time on usurious consideration 25 I
255
Want of knowledge by the creditor of the existence of the relation
256
Statutory extension of time
257
By the taking of other or collateral security
258
By alteration or merger of principals contract 26o 18 By change of the duties of the principal debtor
269
Tender by surety or principal
273
2O By discharge of the principal debtor
274
By discharge etc of principal in bankruptcy
276
By discharge of surety in bankruptcy
278
By failure to present the claim against the principals es tate etc
279
By imprisonment of principal
280
By act of God
285
By performance of contract
288
By marriage between the principal and creditor
289
Consent of surety or guarantor
290
Revival of liability after discharge
291
CHAPTER XIII
293
Contract
296
Right to insist on the terms of his contract
297
Right to revoke or terminate his contract
298
Right to have the contract enforced against the principal 3oo 6 Right to compel creditor to exhaust securities
305
Rights as to the application of payments
306
RIGHTS OF COSURETIES AS BETWEEN THEMSELVES OTHER
310
Bell 311
311
CHAPTER XV
317
Barkley
326
Extent of the right
370
CHAPTER XVIII
372
Rights as to application of payments
375
Aldriches Exrs v Hopgood 311
376
Rights in the marshalling of assets
378
CHAPTER XIX
381
Requisites of the complaint 39 I
391
Plaintiffs evidence
393
Defenses Want of capacity of principal to contract
402
Denial of official capacity of principal and defenses in actions on official bonds
403
Assigned demands
408
Matters in mitigation of damages
411
IoExtension of time of payment 4I 2
412
Release of levy
413
Alteration or merger of original contract
414
Statute of limitations
415
Statute of frauds
418
Infancy or coverture 42 I
421
Fraud in obtaining the contract
423
Defects in execution c
426
Surrender c of securities
428
Want illegality or failure of consideration
433
Proof of the existence of the relation
435
Proof of knowledge of the relation
437
Evidence impeaching the instrument
439
Evidence of matters subsequent to the execution of the Contract
441
CHAPTER XX
443
Parties defendant
445
Complaint or declaration 448
448
Evidence for the plaintiff
449
Disproving plaintiffs case
451
Request or promise to indemnify defendant against loss
453
Setoff recoupment or counterclaim
455
Discharge or release of surety or cosureties
456
Io Release of principal
457
Release of claim for contribution
458
CHAPTER XXI
459
Parties defendant
461
Default of surety
462
Disproving payment
463
Disputing validity of the principal obligation
464
Indemnity given surety
466
PRINCIPLES OF SURETY SHIP APPLIED TO PROPERTY
469
INDEx 5o I
502

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