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. guarantor's liability where the principal's obligation is invalid because illustrations of, 22. no notice of acceptance by obligee necessary in case of absolute ACCEPTANCE- by creditor of forged instrument of principal, or property which parol evidence of, where offer was written, sufficient to satisfy statute 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. indorser's right to contribution, 173. parol evidence admissible to show relation of parties on negotiable 172. [UNLESS OTHERWISE NOTED, REFERENCES ARE TO SECTIONS] ACCOMMODATION-continued parol evidence excluded to show intent of accommodation party, 16. ACT OF GOD- as a defense to surety for principal's loss of public funds, 255. liability of sureties on plaintiff's replévin bond for destruction of ACT OF LAW— changing contract between principal and state as obligee, 119. 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. debt or assumpsit, 50. demand by surety that obligee bring against principal, 122, 123. 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 when statute of limitations begins to run against action by an obligee ADDITION— of parties to an instrument, effect of, 107. ADJUDICATION OF PRINCIPAL AS BANKRUPT- [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. 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 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 in evidence of payment or promise by principal or surety against the AGREEMENT- between principal and creditor to extend performance an uncertain between principal and creditor to extend time does not release indem- between principal and creditor to extend time on negotiable instru- between surety and creditor to extend time or release former, releases between principal and creditor to extend time, reserving rights against between third person and creditor to extend time does not release 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 [UNLESS OTHERWISE NOTED, REFERENCES ARE TO SECTIONS] ALTERATION- adding parties on an instrument after its acceptance by obligee as as affecting compensated surety, 234. by stranger, 114. by surety limiting liability to different amount than expressed in body of attachment bonds, 293. of bail bonds, 260, note 15. of official bonds, 245. of negotiable and non-negotiable instruments as affecting the surety, on a contract and variation from a contract, 114, 115, 233, 239, 245. provisions of the Negotiable Instruments Law relating to, 114. AMBIGUITY- how interpreted in a contract of guaranty, 229. 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 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. APPEARANCE- after forfeiture of bail bond, 265, 267. APPOINTMENT— of administrators and executors, 269. 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. 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. |