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INDEX

[UNLESS OTHERWISE NOTED, REFERENCES ARE TO SECTIONS]

ABILITY-

of employees and public officials for which surety is responsible, 252.

ABSENCE FROM JURISDICTION-

of accused as a defense to surety on bail bond, 262, 264.

of debtor or surety suspends statute of limitations, 190, 196.

ABSOLUTE GUARANTY—

and conditional guaranty defined, 22.

and suretyship compared, 24.

as a guaranty of payment, 23.

diligence of creditor to charge absolute guarantor, 23.
distinguished from guaranty of collectibility, 23.

guarantor's liability where the principal's obligation is invalid because
of fraud or illegality, 31.

illustrations of, 22.

no notice of acceptance by obligee necessary in case of absolute
guaranty of existing debt, 82.

ACCEPTANCE-

by creditor of forged instrument of principal, or property which
constitutes a fraudulent preference, does not release surety, 93.
of guarantor's offer, 81-88.

parol evidence of, where offer was written, sufficient to satisfy statute
of frauds, 44.

ACCEPTOR-

primary liability of, and right to recover contribution, 24, 173.

ACCESSORIAL-

and independent contracts, 2, 3.

ACCOMMODATION—

acceptor's right of contribution against accommodation indorser, 173.
anomalous, or irregular indorsers, 16, 17, 18.

indorser's right to contribution, 173.

parol evidence admissible to show relation of parties on negotiable
instrument in an action among themselves, as for contribution,

172.

[UNLESS OTHERWISE NOTED, REFERENCES ARE TO SECTIONS]

ACCOMMODATION-continued

parol evidence excluded to show intent of accommodation party, 16.
party on negotiable instrument and his right to recover indemnity
or reimbursement, 157.

ACT OF GOD-

as a defense to surety for principal's loss of public funds, 255.
as a defense to surety on bail bond, 262.

liability of sureties on plaintiff's replévin bond for destruction of
property by, 302.

ACT OF LAW—

changing contract between principal and state as obligee, 119.
what will exonerate surety on bail bond, 264.

ACTION-

against principal and guarantor cannot be joint, 7.

available to defendant in attachment, 297.

between principal and surety, effect of statute of limitations upon, 196.
between sureties, effect of statute of limitations upon contribution, 197.
by two or more sureties to recover contribution is several, 167.
by two or more sureties to recover indemnity is several, 156.
creditor may dismiss without releasing surety unless he has obtained
lien, 113.

debt or assumpsit, 50.

demand by surety that obligee bring against principal, 122, 123.
on administrators' and executors' bonds, 284.

on appeal bonds, 289.

on bail bonds, 259.

on defendant's bond to release attachment, 296.

on defendant's redelivery bond in replevin, 303.

on guardian's bonds, 311.

on injunction bonds, 305.

on plaintiff's bond to procure attachment, 294.

on plaintiff's replevin bond, 299.

on receivers' bonds, 307.

when principal, indemnitor, surety and guarantor become liable to
creditor, 20.

when statute of limitations begins to run against action by an obligee
against absolute guarantor, 23.

ADDITION—

of parties to an instrument, effect of, 107.

ADJUDICATION OF PRINCIPAL AS BANKRUPT-
effect upon the surety, 208.

[UNLESS OTHERWISE NOTED, REFERENCES ARE TO SECTIONS]

ADMINISTRATORS AND EXECUTORS-

as debtor of the estate of deceased, 271, 277, 278, 311.

bond given by principal in improper capacity, liability of surety for,

280.

defects in form of bond, 279.

defenses of surety on bond of, 277.

executor as trustee, 274.

failing to comply with statutory requirements as to form of bond, 281.
failing to set up statute of limitations, effect upon surety, 277.

joint bond by two or more, 283.

public administrators and their bonds, 273.

qualifications of surety for, 276.

steps necessary to be taken before obligee can sue sureties on bond
of, 284.

sureties on general and special bonds of, 270.

sureties on successive bonds of, liability inter se, 282.

ADMISSIBILITY—

in evidence of judgment against or in favor of principal in action
against surety, 164, 257, 277, 308.

in evidence of payment or promise by principal or surety against the
other to toll the statute of limitations, 192, 193, 194, 195.

AGREEMENT-

between principal and creditor to extend performance an uncertain
time does not release surety, 99.

between principal and creditor to extend time does not release indem-
nified or compensated surety, 100, 102, 236.

between principal and creditor to extend time on negotiable instru-
ment does not release surety, but guarantor discharged, 95.
between principal and creditor to extend time on non-negotiable instru-
ment releases surety, 94, 109, 119, 233, 236, 277.

between surety and creditor to extend time or release former, releases
other sureties only pro tanto, 105.

between principal and creditor to extend time, reserving rights against
surety, does not release latter, 97.

between third person and creditor to extend time does not release
surety, 96.

in criminal cases between accused and state to extend time for trial,

its effect upon the surety, 103, 263.

meaning of as used in section 4, statute of frauds, 43.

that amount paid obligee shall be conclusive of indemnity recoverable
from principal, 231.

[UNLESS OTHERWISE NOTED, REFERENCES ARE TO SECTIONS]

ALTERATION-

adding parties on an instrument after its acceptance by obligee as
an, 107.

as affecting compensated surety, 234.

by stranger, 114.

by surety limiting liability to different amount than expressed in body
of instrument, 114.

of attachment bonds, 293.

of bail bonds, 260, note 15.
of building contracts, 115.

of official bonds, 245.

of negotiable and non-negotiable instruments as affecting the surety,
114, 233, 239, 245, 277.

on a contract and variation from a contract, 114, 115, 233, 239, 245.
on an administrator's bond, 277.

provisions of the Negotiable Instruments Law relating to, 114.
where made by the state as obligee, 119.

AMBIGUITY-

how interpreted in a contract of guaranty, 229.
how it affects contract of gratuitous guarantor, 230.
the compensated surety as affected by, 229, 230, 234.

AMOUNT-

recoverable as contribution, 177.

recoverable as indemnity, 158.

recoverable on an injunction bond, 305.

recoverable on appeal bond, 290.

recoverable on forfeited bail bond, 266.

ANCILLARY REPRESENTATIVE-

liability of sureties for acts of, 278.

APPEAL

from judgment for plaintiff in ejectment and one ordering sale on

foreclosure, 290.

methods of, 286.

APPEAL BONDS-

as supersedeas, 287.

authority for requiring, 287.

breach of, 289.

damages recoverable on, 290.

departing from statutory requirements relating to good as common.

law bonds, 288.

failure to comply with statutory requirements relating to, 288.

[UNLESS OTHERWISE NOTED, REFERENCES ARE TO SECTIONS]

APPEAL BONDS-continued

final judgment against principal prerequisite to judgment against
surety, 289.

giving appeal bonds not such extension of time that surety on prior

bond discharged, 174, 291.

recovery limited to amount of, 290.

successive, 174, 291.

sureties on in different courts as co-sureties, 169.

voluntary dismissal of appeal as affecting, 289.
where no appeal will lie, 289.

APPEARANCE-

after forfeiture of bail bond, 265, 267.
by accused who has given bail bond, 260.

APPOINTMENT—

of administrators and executors, 269.
of guardians, 309.

of receivers, 306.

of representative cannot be attacked by surety, 277.

ARREST-

of accused by his bail, 263.

of accused in a foreign state, effect upon his bondsmen, 264.

ASSESSMENT OF DAMAGES-

in replevin suit where plaintiff's action dismissed, 299.

ASSIGNING—

a negotiable instrument by payee writing on back thereof, 19.
by writing name on non-negotiable paper, 12.

guaranty on negotiable instrument, 15.

lease by lessee makes him surety to lessor, 9.

ASSUMPSIT-

or debt by obligee, 50.

to recover contribution, 167.

ASSUMPTION-

to pay debt of mortgagor by grantee, 9, 104, 155.

to pay debt of partnership by continuing partners, 9, 104.

ATTACHMENT BONDS-

alteration of, 293.

authority to require, 292.

by defendant to release or dissolve attachment, 296.

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