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of a loss.

History: Enacted March 21, 1872.

As to assignment of policy, when valid, and what constitutes,
see note 56 A. D. 747.

As to effect of temporary removal of property, see note 23
A. R. 143.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to when sale or alienation of property avoids policy, see
note 28 A. D. 154; also see Kerr's Cyc, C. C. §§ 2753, 2754 and
notes.

1390



Tit.XI,ch.III.] INDEMNITY. §§ 2756, 2757

§ 2756. MEASURE OF INDEMNITY. If there is no valua-
tion in the policj', the measure of indemnity in an insurance
against fire is the expense it would be to the insured at the
time of the commencement of the fire to replace the thing
lost or injured in the condition in which it was at the time
of the injury; but the effect of a valuation in a policy of fire
insurance is the same as in a policy of marine insurance.

History: Enacted March 21, 1872; amended April 15, 1909,
Stats, and Amdts. 1909, p. 914. In effect immediately.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to constructive total loss of insured building, see 56 L.
784.

As to insurer's option to rebuild, see 26 L. 853.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527. ante.

As to right of insurer to rebuild or repair after fire, see 11
A. R. 58.

As to valued policy in marine insurance, see ante § 2736.

As to what included in loss by fire, see 45 A. D. 657.

As to what is total loss by fire, see 59 A. S. 810.



§2757. VALUE OF INTEKEST IN POLICY OF INSUR-
ANCE, HOW MAY BE FIXED. TOTAL OR PARTIAL LOSS.

Whenever the insured desires to have a valuation named in
his policy, insuring any building or structure against fire, he
may require such building or structure to be examined by
the insurer and the value of the insured's interest therein
shall be thereupon fixed by the parties. The cost of sueli
examination shall be paid for by the insured. A clause shall
be inserted in such policy stating substantially that the value
of the insured's interest in such building or structure has
been thus fixed. In the absence of any change increasing the
risk without the consent of the insurer or of fraud on the
part of the insured, then in case of a total loss under such
policy, the whole amount so insured upon the insured's inter-
est in such building or structure, as stated in the policy upon
which the insurers have received a premium, shall be paid,
and in case of a partial loss the full amount of the partial
loss shall be so paid, and in case there are two or more

1391



§ 2762 CIVIL CODE. [DiV.III.Pt.IV.

policies covering the insured's interest therein, each policy
shall contribute pro rata to the payment of such whole or
partial loss. But in no case shall the insurer be required to
pay more than the amount thus stated in such policy. This
section shall not prevent the parties from stipulating in such
policies concerning the repairing, rebuilding or replacing
buildinp-s or structures wholly or partially damaged or de-
stroyed.

History: Enacted March 23, 1901, Stats, and Amdts. 1900-1,
p. 572.



CHAPTER IV.

LIFE AND HEALTH INSURANCE.

§ 2762. Insvirance upon life, when payable.

§ 2763. Insurable interest.

§ 2764. Assignee, etc., of life policy need have no interest.

§ 2765. Notice of transfer.

§ 2766. Measure of indemnity.

§ 2762. INSURANCE UPON LIFE, WHEN PAYABLE. An

insurance upon life may be made payable on the death of
the person, or on his surviving a specified period, or periodic-
ally so long as he shall live, or otherwise contingently on
the continuance or determination of life.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.

As to assessments, see note § 2527, ante.

As to beneficiary of life policy, results of death of before that
of the person wliose life is insured, see 11 A. S. 721.

As to insurable interest in life, see note § 2527, ante.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to mutual life, health, and accident insurance corporations,
see 'Kerr's Cyc. C. C. § 437, note.

As to payment of life policy to whom made, see 2 L. 161.

As to premiums, see note § 2527, ante.

As to proximate cause of death, see 17 L. 753.

As to wliat constitutes total disability of insured, see 38 L.
529.

1392



Tit.XI,ch.IV.] INSURABLE INTEREST. § 2763

As to who are "heirs" within meaning of life insurance poli-
cies, see 30 L. 593.

As to who are legal representatives within meaning of life
insurance policies, see 30 L. 609.

§ 2763. INSURABLE INTEREST. Every person has an in-
surable interest in the life and health:

1. Of himself;

2. Of anj^ person on whom he depends wholly or in part
for education or support;

3. Of any person under a legal obligation to him for the
payment of money, or respecting property or services, of
which death or illness might delay or prevent the perform-
ance ; and,

4. Of any person upon whose life any estate or interest
vested in him depends.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 5 pars, annotation.

90 C. 245, 248, 25 A. S. 114, 27 P. 211, 212 (construed).

As to insurable interest in general, see ante §§ 2546 et seq.

As to insurable interest in life insurance, see 1 L. 238; 2 L.
844; 6 L. 136; 7 L. 217.

As to insurable interest in life of another, and necessity of,
see 46 A. R. 189; 52 A. R. 135; 57 A. D. 93; 58 A. R. 852.

As to insurable interest in life of parent or child, or otlier
relative by blood, see 54 L. 225.

As to insurable interest in life insurance, whether policy may
be made payable to person having none, see 58 A. R. 852.

As to insurable interest of wife in husband's life, and wife's
capacity to make contract of insurance, see 10 L. 259.

As to insurable interest, when exists in life insurance, see 46
A. R. 189; 52 A. R. 135; 57 A. D. 93.

As to insurance on life of minor, see 57 L. 496.

As to life insurance to secure debt to insurer, see 53 L. 462.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

As to right to take life insurance for benefit of stranger, see
25 L. 627.

As to validity of life Insurance for benefit of betrothed wife,
see 19 L. 187.

As to what is good health within the meaning of the law of
life insurance, see 10 A. S. 242.

As to whether assignee of life insurance policy must have in-
surable interest, see 27 A. R. 327.

1393



§§ 2764-2766 CIVIL CODE. [Div.III.Pt.IV.

§ 2764. ASSIGNEE, ETC., OF LIFE POLICY NEED HAVE
NO INTEREST. A policy of insurance upon life or health
may pass by transfer, will, or succession to any person,
whether he has an insurable interest or not, and such person
may recover upon it whatever the insured might have re-
covered.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

90 C. 245, 248, 251, 25 A. S. 114, 27 P. 211, 213 (applied).

As to assignment of life policies, see 87 A. S. 484.

As to assignment of life policy to one liaving no interest in
life insured, see 16 A. S. 906.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.

§ 2765. NOTICE OF TEANSFER. Notice to an insurer of
a transfer or bequest thereof is not necessary to preserve
the validity of a policy of insurance upon life or health,
unless thereby expressly required.

History: Enacted March 21, 1872.

§2766. MEASURE OF INDEMNITY. Unless the interest
of a person insured is susceptible of exact pecuniary measure-
ment, the measure of indemnity under a policy of insurance
upon life or health is the sum fixed in the policy.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

As to death of insured by voluntary exposure to unnecessary
danger, hazard or perilous adventure, what is, see 12 A. S. 272.

As to death of insured in known violation of law, see 60 A. S.
160.

As to death of insured resulting from a criminal act, see 21
A. R. 542.

As to many miscellaneous matters as to insurance, see notes
§§ 414, 2527, ante.



1394



Tit.XII.] INDEMNITY. GENERALLY. § 2772



TITLE XII.

INDEMNITY.

§ 2772. Indemnity, what.

§ 2773. Indemnity for a future wrongful act void.

§ 2774. Indemnity for a past wrongful act valid.

§ 2775. Indemnity extends to acts of agents.

§ 2776. Indemnity to several.

§ 2777. Person indemnifying liable jointly or severally with

person indemnified.

§ 2778. Rules for interpreting agreement of indemnity.

§ 2779. When person indemnifying is a surety.

§ 2780. Bail. what.

§ 2781. How regulated.

§ 2772. INDEMNITY, >YHAT. Indemnity is a contract by
which one engages to save another from a legal consequence
of the conduct of one of the parties, or of some other person.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 65 pars, annotation.
58 C. 435, 439 (construed and applied with §2775'»: 70 C. 553,
557, 12 P. 451, 453 (construed and applied with § 2794).

INDEMNITY.

As to agreements for indemnity, when void because act in-
demnified against is illegal, see 40 A. D. 425.

As to duty and liability of officer on receiving bond of Indem-
nity, see 15 A. S. 315.

As to fidelity insurance, nature of, and rules governing, see 100
A. S. 774.

As to liability of surety on contract of, see 1 A. D. 47.

As to necessity of indemnity before bringing action on lost
bond or note, see 13 A. D. 479-482.

As to right of indemnity b.fore action on destroyed bills and
notes, see 13 A. D. 479-482.

As to right of indemnity of non-negotiable instruments In case
of loss, see 13 A. D. 479-483.

As to right of indemnity when note deliberately destroyed by
holder, see 13 A. D. 479-482.

As to sheriffs right to exact indemnity, see 86 A. S. 554.

Same — While executing civil process, see 89 A. S. 413.

As to when action will He upon lost bond, see 13 A. D. 479-
482.

1395



§ 2772 CIVIL CODE. [Div.III,Pt.IV.

As to when contract of indemnity is original undertaking, see
note John. Cas. (N. Y.) 52, 1 L. ed. 435.

As to when right of action accrued in contract of indemnity,
see 49 A. D. 362, 363.

As to when surety becomes liable on contract of indemnity,
see 1 A. D. 47.

As to whether contract of indemnity is within statute of
frauds, see 42 A. S. 186-194.

Agre*;f;ientR for, when void because the act indemnified against
is illegal. — See 40 A. D. 425.

Application of indemnity contract to negligence of indemni-
tee.— See 10 A. C. 593.

Beneficiary in — Form of judgment on. — See 62 L. 446.

Same — In bond insuring fidelity of officer or employee, right
to repudiate authority of person making representations in re-
liance upon which bond was issued. — See 7 L. N. S. 549.

Same — Liability of surety under, for defalcation subsequent
to .a reappointment to the office or employment, made after ex-
piration of original term, or during an indefinite term. — See 11
L. N. S. 493.

Same — Penalty as limit of liability on. — See 55 L. 394.

Same — Verification of accounts required by, what constitutes.
— See 10 L. N. S. 323.

Bond for — As to, generally, see 7 L. N. S. 549; 10 L. N. S. 323;
11 L. N. S. 493; 12 L. N. S. 247.

Same — Duty of obligee to disclose prior defalcation in absence
of any inquiry in regard thereto. — See 12 L. N. S. 247.

Breach of contract of, time when limitation begins to run on
liability for. — See 15 L. N. S. 164.

Construction of contract of — As to, generally, see 3 A. C. 962;
10 A. C. 589.

Contingency of claim for, as affecting time for presentation
to decedent's estate. — See 58 L. 88.

Duty and liability of officer on receiving a bond of. — See 15
A. S. 315.

Effect on status as independent contractor of provisions in
contract of that employer shall be indemnified for all losses
caused by negligence of the person employed. — See 17 L. N. S.
381.

Form of judgment on indemnity bond. — See 62 L. 446.

Indemnity insurance, as to, see note § 2527, ante.

Judgment against principals, conclusiveness against indem-
nitors. — See 22 A. S. 204.

Penalty as limit to. liability on indemnity bond. — See 55 L.
394.

Promise to indemnify is within the statute of frauds. — See 6
A. C. 671.

Right — Of action on, when accrues. — See 49 A. D. 362.

1396



Tit.XII.] FOR FUTURE "WRONGFUL ACT. §§ 2773, 2774

Same — Of municipality which has been held liable for injuries
from unsafe conditions of street to recover against the owner
or occupant of abutting property. — See 12 L. N. S. 949.

Same — To recover from obligor under collateral contract, the
damages which the obligee was compelled to pay because of his
breach of contract with a third person, in consequence of the
failure or delay in performance of the collateral contract. — See
18 L. N. S. 575.

Sheriff's right to while executing civil process. — See 89 A. S.
413.

Specific performance of contract to give, to surety. — See 6
L. N. S. 590.

Statute of frauds, contracts of, whether within. — See 42 A. S.
186.

Surety, when becomes liable on contract of. — See 1 A. D. 47.

Time when limitation begins to run on liability for breach
of contract of. — See 15 L. N. S. 164.

To sheriffs — For damages suffered by them in executing civil
process. — See 89 A. S. 448.

Same — Right of to exact. — See 86 A. S. 554.

Warranties as inducement to co-partner to enter into a con-
tract, as a promise to indemnify. — See 15 L. N. S. 1151.



§2773. INDEMNITY F()R A FUTCRE WRONGFUL ACT
VOID. An agreement to indemnify a person against an act
thereafter to be done, is void, if the act be known by such
person at the time of doing it to be unlawful.

HlNtory: Enacted March 21. 1872; amended March 30, 1874.
Code Amdts. 1873-4, p. 259.

See Kerr's Cyc. C. C. for 34 pars, annotation.

As to agent's right to indemnity when acting in good faith,
see 8 A. D. 378.

As to agreement for indemnity when void by reason of acts
being illegal, see 40 A. D. 425-427.

As to bond of indemnity given to sheriff to induce him to
perform act In plain violation of duty, see 62 A. D. 768.

As to indemnity generally, see note § 2772, ante.

§2774. INDE.HMTY FOR A PAST WRONGFUL A( T
VALID. An agreement to indemnify a person again.'st an act
already done, is valid, even though the act was known to be
wrongful, unless it was a felony.

History: Enacted March 21, 1872.
1397



§§ 2775-2778 CIVIL CODE. [Div.III,Pt.IV.

See Kerr's Cyc. C. C. for 9 pars, annotation.

89 F. 73, 76 (applied in construing § 2777).

As to indemnity generally, see note § 2772, ante.

§2775. INDEMMTT EXTENDS TO ACTS OF AGENTS.

An agreement to indemnify against the acts of a certain per-
son, applies not only to his acts and their consequences, but
also to those of his agents.

History: Enacted March 21, 1872.

58 C. 435, 439 (construed and applied with § 2772).
As to indemnity generallj', see note § 2772, ante.

§ 2776. INDEMNITY TO SEVERAL. An agreement to in-
demnify several persons applies to each, unless a contrary
intention appears.

History; Enacted March 21, 1872.

§ 2777. PERSONS INDEMNIFYING LIABLE JOINTLY OR
SEVERALLY WITH PERSONS INDEMNIFIED. One who in-
demnifies another against an act to be done by the latter, is
liable jointly with the person indemnified, and separately, to
every person injured by such act.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

89 F. 73, 76, 77 (section includes all cases of indemnity against
future contingencies — is not limited how).

As to indemnity generally, see note § 2772, ante.

§2778. RULES FOR INTERPRETING AGREEMENT OF

INDEMNITY. In the interpretation of a contract of indem-
nity, the following, rules are to be applied, unless a contrary
intention appears:

1. Upon an indemnity against liability, expressly, or in other
equivalent terms, the person indemnified is entitled to recover
upon becoming liable;

2. Upon an indemnity against claims, or demands, or dam-
ages, or costs, expressl5% or in other equivalent terms, the
person indemnified is not entitled to recover without payment
thereof;

1398



Tit.XII.] INTERPRETING AGREEMENT. § 2779

3. An indemnity against claims, or demands, or liability,
expressly, or in other equivalent terms, embraces the costs
of defense against such claims, demands, or liability incurred
in good faith, and in the exercise of a reasonable discretion;

4. The person indemnifying is bound, on request of the per-
son indemnified, to defend actions or proceedings brought
against the latter in respect to the matters embraced by the
indemnity, but the person indemnified has the right to conduct
such defenses, if he chooses to do so;

5. If, after request, the person indemnifying neglects to
defend the person indemnified, a recovery against the latter
[,] suffered by him in good faith, is conclusive in his favor
against the former;

6. If the person indemnifying, whether he is a principal or
a surety in the agreement, has not reasonable notice of the
action or proceeding against the person indemnified, or is not
allowed to control its defense, judgment against the latter
is only presumptive evidence against the former;

7. A stipulation that a judgment against the person indem-
nified shall be conclusive upon the person indemnifying, is
inapplicable if he had a good defense upon the merits, which
by want of ordinary care he failed to establish in the action.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 79 pars, annotation.

57 C. 49, 50 (construed and applied); 68 C. 430, 432, 9 P. 712
(construed and applied); 81 C. 270. 273. 274, 22 P. 663, 664, 665
(construed and applied); 121 C. 515, 519, 53 P. 1119 (construed
and applied); 89 F. 73, 76, 77 (subd. 2 applied In construing
§ 2777).

As to conclusiveness of judgment against sureties on bonds
in judicial proceedings, sheriffs and constables, executors and
administrators, etc., see 83 A. D. 380-385.

As to conclusiveness of judgment recovered against sheriff
as upon party Indemnifying him, see 83 A. D. 386.

As to conclusiveness of judgments, see 18 A. S. 142-144., 22
A. S. 204.

As to indemnity generally, see note § 2772, ante.

§2779. WHEN PERSON IM)E>IMFYI>G IS \ SURETY.

Where one, at the request of another, engages to answer in

1399



§§ 2780, 2781 CIVIL CODE3. [Div.III,Pt.IV.

damages, whether liquidated or unliquidated, for any viola-
tion of duty on the part of the latter, he is entitled to be
reimbursed in the same manner as a surety, for whatever he
may pay.

History: Enacted March 21, 1872.

§ 2780. BAIL, WHAT. Upon those contracts of indemnity
which are taken in legal proceedings as security for the per-
formance of an obligation imposed or declared by the tri-
bunals, and known as undertakings or recognizances, the
sureties are called bail.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 416,
held unconstitutional, see history, § 4 ante.

§2781. HOW REGULATED. The obligations of bail are
governed by the statutes specially applicable thereto.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 416,
held unconstitutional, see history, § 4 ante.



1400



Tit.XIII,ch.I,art.I.] GUARANTY, generally.



§2787



TITLE XIII.

GUARANTY.

Chapter I. Guaranty in General, §§ 2787-2825.
II. Suretyship, §§ 2831-2866.

CHAPTER I.

GUARANTY IN GENERAL.

Article I. Definition of Guaranty, §§ 2787, 2788.

II. Creation of Guaranty, §§ 2792-2795.

III. Interpretation of Guarantj', §§ 2799-2802.

IV. Liability of Guarantors, §§ 2806-2810.

V. Continuing Guaranty, §§ 2814, 2815.

VI. Exoneration of Guarantors, §§ 2819-2825.



ARTICLE I.

DEFINITION OF GUARANTY.

§ 2787. Guaranty, what.

§ 2788. Knowledge of principal not necessary to creation of
guaranty.

§2787. GUARAATY, WHAT. A guaranty is a promise to
answer for the debt, default, or miscarriage of another person.

History: Enacted March 21, 1872, founded upon § 12, Act
April 19, 1850, Stats. 1850, p. 267.

See Kerr's Cyc. C. C. for 19 pars, annotation.

62 C. 484, 487 (construed in connection with other sections);
77 C. 476, 477, 19 P. 882, 883 (cited); 94 C. 96, 103, 28 A. S. 94, 29
P. 415 (cited); 113 C. 432, 434, 54 A. S. 361, 45 P. 812 (applied):
119 C. 67, 70, 51 P. 14 (cited).

GUARANTY.

As to effect of assignment of note on contract of guaranty, see
12 L. 270.

As to letter of credit a guaranty, see 98 A. D. 547.

1401



§ 2787 CIVIL CODE. [DiV.III,Pt.IV.

As to negotiability of guaranty, see 37 A. D. 270; 44 A. D. 308.

As to transfer of guaranty by assignment of debt, see 100 A.
D. 475; 64 A. S. 401.

As to transfer of note by guaranty on separate paper, see 36
L. 232.

As to transfer of note by indorsement in form of guaranty,
see 36 L. 232.

As to what constitutes contract of guaranty, see 8 L. 380.

As to what constitutes guaranty, see 45 A. D. 335; brief 51
L. 758, 759.

As to whether guaranty an indorsement, see 36 L. 232.

Acceptance of necessary. — See 4 W. & P. 3180.

Action for breach of contract of in bond. — See 3 A. C. 456;
6 A. C. 465, 467.

As a collateral agreement. — See 3 A. R. 56; 54 A. S. 361; 8 L.
380; 4 W. & P. 3181.

As a concurrent agreement. — See 5 A. D. 317; 4 W. & P. 3182.

As an absolute agreement. — See 95 A. D. 246; 4 "W. & P. 3180.

As an agreement or a promise. — See 4 W. & P. 3181.

As surety. — See 4 W. & P. 3183.

As warranty.— See 78 A. D. 296; 6 L. 342; 27 L. 136; 4 W. & P.
3183.

Company. — See 4 W. & P. 3184.

Conditional guaranty, liability of guarantor on. — See 54 A. S.
440.

Consideration for. — See 4 W. & P. 3182.

Construction of, rule for. — See 4 L. 268; 4 L>. 343.

Continuing — ^As to, generally, see 4 L. 343; 8 L. 381.

Same- — Parol evidence to show that guaranty is. — See 2 L.
183.

Same — "What constitutes. — See 4 A. C. 818.

Continuing liability, when created by. — See 55 A. R. 701.

Contract of.— See 105 A. S. 502.

Death — Of guarantor or cosurety, effect of. — See 2 L. 183; 6
L. 383.

Same — Of party, effect on. — ^See 23 L. 709.

Definition of.— See 83 A. D. 358; 70 A. S. 907; 8 L. 380; 4 W. &
P. 3179.

Discharge of guarantor for causes existing prior to his enter-
ing upon contract of. — See 63 A. S. 327.

Distinction between continuing and limited guaranties. — See
4 A. C. 822.

Effect of purchase at tax sale, by or in the interest of mort-
gagor, of mortgage indebtedness. — See 16 L. N. S. 121.

Estoppel to enforce contract of released through mistake. —
See 13 L. N. S. 596.

Fund.— See 4 W. & P. 3184.

General or special. — See 45 A. R. 204; 4 W. & P. 3182.

1402



Tit.XIII,ch.I,art.I.] GUARANTY, generally. §2787

Guaranteeing stock or bonds of another corporation, power
of corporation in reference to. — See 11 A. C. 891.

Guarantor of lessee. — See 9 L. 353.

Implied power of railroad to guaranty enterprise other than
transportation of goods or passengers. — See 2 L. N. S. 887.

In reply to inquiry as to third party's financial condition. —
See 1 L. N. S. 305.

Indorsement distinguished. — See 4 W. & P. 3182.

Indorser of note as guarantor. — See 18 L. N. S. 565.

Insurance. — See 44 L. 124; 4 W. & P. 3184.

Letters of credit — As to, generally, see 7 L. 209.

Same — Liability on general. — See 28 A. R. 347.

Liability — Of guarantor limited to strict terms of contract. —
See 3 L. 160; 9 L. 353.

Same — Of guarantor of note, as to being collateral. — See 45
A. D. 235.

Same — Of guarantor on conditional guaranty. — See 54 A. S.
440.

Same — Of guai'antor or general letter of credit. — See 28 A. R.
347.

Same — On guaranty obtained by fraud. — See 21 L. 409.

Same — Under continuing, running to partnership or corpora-
tion, for goods sold or credits extended after change in the firm
or corporation. — See 14 L. N. S. 1231.

Limitation — As to time and amount. — See 4 L. 344.

Same — Of liability of guarantor to terms of contract. — See 64
A. D. 549; 4 L. 680.

Notice of acceptance — Necessity of. — See 4 L. 346; 4 W. & P.
3180.

Same — Necessity of to bind guarantor. — See 16 L. N. S. 353-
379.

Same — When necessary. — See 39 A. D. 221.

Notice of default — Necessity of to bind guarantor. — See 20 L.
257-264; 4 W. &; P. 3182.

Of collection. — See 64 A. R. 393; 4 W. & P. 3185.



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