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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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Of commercial paper, when does it cover renewals. — See 16
L. N. S. 775.

Of credit extended for price of goods sold, does it cover sales
to successor. — See 19 L. N. S. 901.

Of dividends on corporate stock. — See 2 L. 183.

Of note, as to being conditional. — See 45 A. D. 235.

Of payment, distinguished from of collection. — See '^ A. S. II:
4 W. & P. 3185.

Oral, by transfer of negotiable instrument, validity of. — See
2 A. C. 504, 506.

Oral contract of, as to, see 9 L. N. R. 54; 15 L. N. S. 214; 15
L. N. S. 1087.

1403



§ 2788 CIVIL CODE. [Div.III,Pt.IV.

Parol evidence to show that guaranty is a continuing one, ad-
missibility of. — See 2 L. 183.

Payment voidable under bankruptcy act as discharge of guar-
antor.— See 9 L. N. S. 581.

Personal liability imported. — See 4 W. & P. 3182.

Request to make advances to another as implying, of repay-
ment.— See 15 L. N. S. 1115.

Right of guarantor to have judgment against principal set
aside. — See 54 L. 765.

Severable contract. — See 8 L. 382.

Specific performance of contract of. — See 3 A. C. 773.

Statute of frauds as affecting, of the contract of a person
under disability. — See 33 L. 359.

Statute of limitations, does time begin to run on breach of
contract of, or at the time actual damages are sustained, in con-
sequence thereof. — See 15 L. N. S. 159.

Suretyship distinguished. — See 48 A. S. 496; 6 L. 686; 4 W. & P.
3183.

To save harmless. — See 4 W. «& P. 3184.

Transfer by assignment of commercial paper. — See 12 L. 270.

Transfer of title to note by indorsement in form of. — See 3 L.
232.

Understanding as a. — See 8 W. & P. 7163.

Unlimited as to time or amount. — See 4 L. 344.

What constitutes contract of. — See 6 A. C. 465.

Written contract of not required. — See 4 W. & P. 3184.

§2788. KNOWLEDGE OF PRIIVCIPAL NOT NECESSARY
TO CREATION OF GUARANTY. A person may become guar-
antor even without the knowledge or consent of the principal.

HLstory: Enacted March 21, 1872, founded upon Code Napo-
leon, art. 2014.

As to guaranty generally, see note § 2787, ante.

Acceptance of guaranty. — See Kerr's Cyc. C. C. § 2795 and note.



1404



Tit.XIII,ch.I,art.II.] CONSIDERATION. §§2792,2793

ARTICLE II.

CREATION OF GUARANTY.

§ 2792. Necessity of a consideration.

§ 2793. Guaranty to be in writing-, etc.

§ 2794. Engagement to answer for obligation of another, wlien

deemed original.
§ 2795. Acceptance of guaranty.

§2792. NECESSITY OF A CONSIDERATION. Where a
guarantj' is entered into at the same time with the original
obligation, or with the acceptance of the latter by the guar-
antee, and forms with that obligation a part of the consider-
ation to him, no other consideration need exist. In all other
cases there must be a consideration distinct from that of the
original obligation.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

40 P. 491 (applied); J.09 C. 211. 221, 41 P. 1028 (applied); 146
C. 545, 547, 80 P. 698 (applied — subsequent indorsement of prom-
issory note by third person without new consideration imposes
no obligation upon indorser) ; 79 P. 404 (applied).

As to guaranty generally, see note § 2787, ante.

As to necessity of consideration for guaranty of collection,
see 64 A. S. 401.

As to sufficiency of consideration for contract of guaranty,
see 32 A. D. 526; also brief 62 L. 954, 955.

§2793. GUARANTY TO HE IN WRITING, ETC. Except as
prescribed by the next section, a guaranty must be in writ-
ing, and signed by the guarantor; but the writing need not
express a consideration.

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

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

Ill C. 281. 284, 43 P. 899 (applied); 113 C. 432, 434, 54 A. S.
361, 45 P. 812 (applied).

As to contracts of guaranty required to be in writing under
statute of frauds, see Kerr's Cyc. C. C. §1624 note pars. 129-160.

1405



§ 2794 CIVIL CODE. [Div.III.Pt.IV.

As to effect of statute of fi'auds on guaranty of contract of
person under disability, see 45 L. 846.

As to expression of consideration of contract of guaranty in
writing' under statute of frauds, see Kerr's Cyc. C. C. § 1624 note
pars. 138, 214-219.

As to guaranty generally, see note § 2787, ante.

As to necessity of consideration for guaranty being expressed
in writing, see 5 A. D. 317; 75 A. D. 413.

As to sufficiency of expressing consideration in guaranty, see
53 A. D. :i88; 64 A. D. 549.

As to validity of parol promise to pay debt of anotlier, see 15
A. D. 393; 31 A. D. 614; 43 A. D. 739; 57 A. D. 198.



§2794. ENGAGEMENT TO ANSWEK FOE OBLIGATION
or ANOTHER, WHEN DEEMED ORIGINAL. A promise to
answer for the obligation of anotlier, in any of the following
cases, is deemed an original obligation of the promisor, and
need not be in writing:

1. Where the promise is made by one who has received
property of another upon an undertaking to apply it pursuant
to such promise; or by one who has received a discharge from
an obligation in whole or in part, in consideration of such
promise;

2. Where the creditor parts with value, or enters into an
obligation, in consideration of the obligation in respect to
which the promise is made, in terms or under circumstances
such as to render the party making the promise the prin-
cipal debtor, and the person in whose behalf it is made, his
surety;

3. Where the promise, being for an antecedent obligation of
another, is made upon the consideration that the party receiv-
ing it cancels the antecedent obligation, accepting the new
promise as a substitute therefor; or upon the consideration
that the party receiving it releases the property of another
from a levy, or his person from imprisonment under an execu-
tion on a judgment obtained upon the antecedent obligation;
or upon a consideration beneficial to the promisor, whether
moving from either party to the antecedent obligation, or from
another person;

140G



Tit.XIII,ch.I,ai-t.II.] acceptance. § 2795

4. Where a factor undertakes, for a commission, to sell mer-
chandise and guaranty the sale;

5. Where the holder of an instrument for the payment of
money, upon which a third person is or may become liable
to him, transfers it in payment of a precedent debt of his own,
or for a new consideration, and in connection with such trans-
fer enters into a promise respecting such instrument.

History: Enacted March 21, 1872.

. See Kerr's Cyc. C. C. for 10 pars, annotation.

59 C. 442, 444 (applied); 67 C. 293, 294, 7 P. 705, 70G (applied);
67 C. 595, 598, 8 P. 322, 323 (applied); 70 C. 553, 557, 12 P. 451,
453 (applied); 77 C. 79', 81, 19 P. 182 (referred to); 81 C. 280, 288,
22 P. 856, 857, 858 (applied with § 1624 — contract by third per-
son to pay for supplies furnished to a corporation is void unless
in writing); 113 C. 432, 434, 54 A. S. 361, 45 P. 812 (applied);'
117 C. 587, 591, 593, 49 P. 710 (referred to); 53 P. 693, 697 (subd.
4 cited); 123 C. 379, 383, 55 P. 1064 (applied); 128 C. 250, 253, 60
P. 860 (applied); 61 P. 578, 579 (applied); 130 C. 411, 415, 62 P.
611 (applied); 1 C. A. 560, 564, 566, 82 P. 568 (subd. 3 applied);
3 C. A. 414, 416, 86 P. 824 (subd. 2 applied with § 1605 — who is a
"principal debtor").

As to guaranty generally, see note § 2787, ante.

As to requirements of statute of frauds, see Kerr's Cyc. C. C.
§ 1624 note pars. 129-160.

As to validity of parol promise to pay debt of another when
based on original consideration, see 3.7 A. D. 153; 46 A. R. 296.

As to whether undertaking of guarantor is original or col-
lateral, see 23 A. D. 345; 59 A. D. 345.

§2795. ACCEPTANCE OF GUABA>TY. A mere offer to
guaranty is not binding, until notice of its acceptance is com-
municated by the guarantee to the guarantor; but an absolute
guaranty is binding ujion the guarantor without notice of
acceptance.

History: Enacted March 21. 1872.

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

125 C. 472, 481, 73 A. S. 64, 58 P. 164 (construed as not affected
by §1565 and applied); 128 C. 250, 253, 60 P. 860 (applied).

As to guaranty generally, see note § 2787, ante.

As to necessity of notice of acceptance of guaranty, see 4 L.
343, 347; note 45 A. D. 47; 53 A. D. 289; 56 A. D. 619; 39 A. R.
221; 65 L. 729.

1407



§§ 2799, 2800 CIVIL CODE. [Div.III,Pt.IV.

ARTICLE III.

INTERPRETATION OF GUARANTY.

§ 2799. Guaranty of incomplete contract.

§ 2800. Guaranty that an obligation is good or collectable.

§ 2801. Recovery upon such guaranty.

§ 2802. Guarantor's liability upon such guaranty.

§ 2799. GUARANTY OF INCOMPLETE CONTRACT. In a

guaranty of a contract, the terms of which are not then set-
tled, it is implied that its terms shall be such as will not
expose the guarantor to greater risks than he would incur
under those terms which are most common in similar con-
tracts at the place where the principal contract is to be per-
formed.

Hi-story: Enacted March 21, 1872.

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

80 C. 338, 341 (erroneously cited for § 514), 22 P. 254, 255 (cor-
rect citation).

As to construction of guaranties as to whether continuing
guaranties, see Kerr's Cyc. C. C. § 2814 and note.

As to guaranty generally, see note § 2787, ante.

§ 2800. GUARANTY THAT AN OBLIGATION IS GOOD OR

COLLECTABLE. A guaranty to the effect that an obligation
is good, or is collectable, imports that the debtor is solvent,
and that the demand is collectable by the usual legal pro-
ceedings, if taken with reasonable diligence.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

As to guaranty generally, see note § 2787, ante.

As to nature of guaranty of collection, see 100 A. D. 476; 64 A.
S. 393.

As to necessity of consideration for guaranty, see Kerr's Cyc.
C. C. § 2792 note.

As to necessity of demand or notice, see Kerr's Cyc. C. C.
§ 2807 note.

As to obligation assumed by guarantor of collection of note,
see 74 A. D. 387.

As to what constitutes guaranty of collection, see 64 A. S.
393.

1408



Tit.XIII.ch.I.art.III.] RECOVERY UPON. §§ 2801, 2802

§ 2S01. RECOVERY UPON SUCH GUARAMY. A guaranty,
such as is nieutioned in the last section, is not discharged
by an ©mission to take proceedings upon the principal debt,
or upon any collateral security for its payment, if no part of
the debt could have been collected thereby.

Hlwtory: Enacted March 21, 1872.

See Kerr's Cyc. for 4 pars, annotation.

As to discharge of guarantor, see Kerr's Cyc. C. C. S 2819 note.

As to guaranty generally, see note § 2787, ante.

As to recovery upon guaranty of collection of note, see 74 A.
D. 386.

As to what will discharge guarantor of collection, see 64 A. S.
399.

§2802. GUARANTOR'S LIABILITY UPO> SUCH GUAR-
A>'TY. In the cases mentioned in section two thousand eight
hundred, the removal of the principal from the state, leaving
no property therein from which the obligation might be satis-
fied, is equivalent to the insolvency of the principal in its
effect upon the rights and obligations of the guarantor.

HiMtory: FJnacted March 21, 1872.

As to guaranty generally, see note § 2787, ante.
As to removal of maker of note from state, see Kerr's Cyc. C.
C. i 2802, note.



Kerrs C. C— 45 1409



§§ 2806, 2807 CIVIL CODE. [Div.III,Pt.IV.



ARTICLE IV.

LIABILITY OF GUARANTORS.

§ 2806. Guaranty, how construed.

§ 2807. Liability upon guaranty of payment or performance.
§ 2808. Liability upon guaranty of a conditional obligation.
§ 2809. Obligation of guarantor cannot exceed that of the prin-
cipal.
§ 2810. Guarantor not liable on an illegal contract.

§ 2806. GUARANTY, HOW COIVSTEUED. A guaranty is to
be deemed unconditional unless its terms import some condi-
tion precedent to the liability of the guarantor.

History: Enacted March 21, 1872.

78 C. 443, 448, 21 P. 2, 4 (construed); 128 C. 464, 470, 79 A.
S. 56, 61 P. 64 (applied).

As to guaranty generally, see note § 2787, ante.

As to liability — Of guarantor of note being conditional, see 45
A. D. 235.

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

Same — Of guarantor on general letter of credit, see 28 A. R.
347.

As to limitation of liability of guaranty to terms of contract,
see 64 A. D. 549; 4 L. 680.

§ 2807. LIABILITY UPON GUARANTY OF PAYMENT OR

PERFORMANCE. A guarantor of payment or performance is
liable to the guarantee immediately upon the default of the
principal, and without demand or notice.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

62 C. 484, 487 (construed in connection with other sections) ;
77 C. 476, 477, 478, 19 P. 882, 883 (cited); 78 C. 443, 448, 21 P.
2, 4 (construed); 86 C. 367, 373, 24 P. 1072, 1073 (applied); 94 C.
96, 103, 28 A. S. 94, 29 P. 415 (applied); 105 C. 434, 441, 39 P. 20
(applied); (Aug. 26, 1895), 41 P. 490, 491 (applied); 128 C. 464,
470, 79 A. S. 56, 61 P. 64 (applied); 128 C. 665, 668, 61 P. 369
(applied).

As to guaranty generally, see note § 2787, ante.

As to necessity of demand and notice to charge guarantor, see

1410



Tit.XIII,ch.r,art.IV.] LIABILITY. §§2808-2810

11 A. D. 703; 45 A. D. 245; 59 A. D. 345; 74 A. D. 386; note 20 L.
257; brief 62 L. 954, 955.

As to necessity to demand or request in guaranty of collection,
see 64 A. S. 401.

§2808. LIABILITY 11M)> (JUARAMY OF A CO>DI.
TIONAL OBLIGATION. Where one guarantees a conditional

obligation, his liability is commensurate with that of the prin-
cipal, and he is not entitled to notice of the default of the
principal, unless he is unable, by the exercise of reasonable
diligence, to acquire information of such default, and the
creditor has actual notice thereof.

HiHtory: Enacted March 21, 1872.

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

121 C. 604, 606, 53 P. 1117 (applied).

As to guaranty generally, see note § 2787, ante.

§2809. OBLIGATIO\ OF GFARAXTOR CANNOT EXCEED
THAT OF THE PRINCIPAL. The obligation of a guarantor
must be neither larger in amount nor in other respects more
burdensome than that of the principal, and if in its terms it
exceeds it, it is reducible in proportion to the principal obli-
gation.

HiHtory: Enacted March 21, 1S72, founded upon Code Napo-
leon, art. 2013.

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

61 C. 396, 399 (mlscited for § 2899).

As to admissibility against guarantor of judgment against
principal, see 32 A. D. 203.

As to guaranty generally, see note § 2787, ante.

As to liability of surety and guarantor, see 3 L. 168; 9 L. 353;
brief 62 L. 954, 955.

As to limitation of liability of guarantor, see 4 L. 343, 344.

As to limitation of liability of guarantor by restrictions In
letter of credit, see 53 A. D. 289.

As to rlgiit of guarantor to maintain proceedings to set aside
judgment against principal, see 54 L. 758, 765.

§ 2810. GUARANTOR NOT LIABLE ON AN ILLEGAL CON-
TR.VCT. A guarantor is not liable if the contract of the prin-
cipal is unlawful; but he is liable notwithstanding any mere

1411



§§ 2814, 2815 CIVIL CODE. [Div.III.Pt.IV.

personal disability of the principal, though the disability be
such as to make the contract void against the principal.
History: Enacted March 21, 1872.

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

As to discharge of guarantor by fraud of principal, see 65 L.
729, 731.

As to effect of illegal contract on contract of guaranty, see
brief 57 L. 811, 812.

As to effect of usury in principal debt on contract of guar-
anty, see 22 A. R. 293.

As to guaranty generally, see note § 2787, ante.

As to liability of guarantor or surety on fraudulent obliga-
tion, see 21 L. 409.



ARTICLE V.

CONTINUING GUARANTY.

§ 2814. Continuing guaranty, what.
§ 2815. Revocation.

§ 2814. CONTINUING GUARANTY, WHAT. A guaranty re-
lating to a future liability of the principal, under successive
transactions, which either continue his liability or from time
to time renew it after it has been satisfied, is called a con-
tinuing guaranty.

History: Enacted March 21, 1872.

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

138 C. 724, 729, 72 P. 352 (cited); 141 C. 674, 677, 75 P. 296 (ap-
plied).

As to definition of continuing guaranty, see 56 A. D. 619.

As to what constitutes continuing guaranty, see 4 L. 343; 8
L. 380; also 45 A. D. 492; 55 A. R. 701; 64 A. D. 549; 86 A. D. 53.

As to guaranty generally, see note § 2787, ante.

§ 2815. REVOCATION. A continuing guaranty may be re-
voked at any time by the guarantor, in respect to future trans-
actions, unless there is a continuing consideration as to such
transactions which he does not renounce.

History: Enacted March 21, 1872.

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

141 C. 674, 676, 75 P. 296 (applied).

As to effect of death of guarantor, see 2 L. 183; 6 L. 383; note
23 L. 707, 709.

As to guaranty generally, see note § 2787, ante.

1412



I



Tit.XIII.oh.I.art.VI.] EXONERATION. §§2819.2820

ARTICLE VI.

EXONERATION OF GUARANTORS.

S:i819. What dealings with dobtor exonerate guarantor.

§ L'S20. Void promises.

S 2821. Resiission of alteration.

§ 2822. Part performance.

§ 2823. Delay of creditor does not discharge guarantor.

§ 2824. Guarantor indemnified by the debtor, not exonerated.

§ 2825. Discharge of principal by act of law does not discharge
guarantor.

S2S1J>. ^\U\T DE.VMNiJS WITH DEBTOR EXONKHATE
(ir.VH.VNTOH. A j^uarantor is exonerated, except so far as.
he may be indemnified by the principal, if by any act of the
creditor, without the consent of the guarantor, the original
obligation of the principal is altered in any respect, or the
remedies or rights of the creditor against the principal, in
respect thereto, in any way impaired or suspended.
IllM(i»r.v: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 51 pars, annotation.

6 P. 853. 857 (referred to); 70 C. 79. 84. 11 P. 505, 508 (applied):
77 C. 476. 477, 19 P. 882. 883 (cited); 87 C. 423. 25 P. 552. 553
(cited); 91 C. 206. 210, 27 P. 648, 649 (referred to); 110 C. 658.
665, 43 P. 202 (applied): 117 C. 491, 497. 49 P. 460 (referred to);
120 C. 495. 501.. 52 P. 848 (applied); 122 C. 65. 66. 67. 54 P. 387
(applied): 122 C. 66.'.. 668, .'.5 P. 683 (construed): 130 C. 245, 254.
62 P. 466, 600 (applied): 139 C. 416, 41S. 73 P. 179 (applied): 145
C. 241, 244, 78 P. 734 (applied); 146 C. 518. 521. SO P. 695 (ap-
plied); 3 C. A. 338, 342. S.'J P. 156 (applied to building contract);
t! C. A. 696. 700. S6 P. 9S1 (contract of suretyship — right to ben-
efit of collateral security).

As to discharge of guarantor or surety by matters existing at
'ir j>rlor to the making of contract, see 63 A. S. 327.

As to discharge of guarantors or surety, see 9 1j. 353: 64 A.
S. 399.

As to guaranty g<-nerally. see note S 2787, ante.

As to release by refusal of offer of perform.ance. see Kerr's
Cyc. C. C. 8 2839 and note.

§ '2s-_M». V(H1» PHOMISES. A i)romise by a creditor, which
for any cause is void, or voidable by him at his optiDU. does

1413



§§ 2821-2824 CIVIL CODE. [Div.III.Pt.IV.

not alter the obligation or suspend or impair the remedy,
within the meaning of the last section.

History: Enacted March 21, 1872.

§2821. RESCISSION OF ALTERATION. The rescission of
an agreement altering the original obligation of a debtor, or
impairing the remedy of a creditor, does not restore the lia-
bility of a guarantor who has been exonerated by such agree-
ment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
As to guaranty generally, see note § 2787, ante.

§2822. PART PERFORMANCE. The acceptance, by a
creditor, of anything in partial satisfaction of an obligation,
reduces the obligation of a guarantor thereof, is [in] the same
measure as that of the principal, but does not otherwise
affect it.

History: Enacted March 21, 1872.

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

145 C. 497, 499, 78 P. 1056 (applied).

As. to guaranty generally, see note § 2787, ante.

§2823. DELAY OF CREDITOR DOES NOT DISCHARGE
GUARANTOR. Mere delay on the part of a creditor to pro-
ceed against the principal, or to enforce any other remedy,
does not exonerate a guarantor.

History: Enacted March 21, 1872.

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

77 C. 54, 60, 11 A. S. 235, 18 P. 808, 811 (applied); 77 C. 476, 478,
19 P. 882, 883 (cited); 94 C. 96, 103, 28 A. S. 94, 29 P. 415 (ap-
plied); 130 C. 245, 254, 62 P. 466, 600 (applied).

As to discharge of guarantor by indulgence to maker, see 45
A. D. 492; 51 A. D. 302.

As to exoneration of guarantor by failure to sue maker, see
brief 62 L. 954, 955.

As to guaranty generally, see note § 2787, ante.

§2824. GUARANTOR INDEMNIFIED BY THE DEBTOR,

NOT EXONERATED. A guarantor, who has been indemnified

1414



Tit.XIir.ch.I.ait.VI.] DISCHARGE. §2825

by the principal, is liable to the creditor to the extent of the
indemnity, notwithstanding that the creditor, without the
assent of the guarantor, may have modified the contract or
roleased the principal.

IliHtory: Enacted March 21, 1872.

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

117 C. 491. 497, 49 P. 460 (applied); 147 F. 95, 97 (section is
from statutes of New York — it is sufficiently comprehensive to
include case of rescission of contract).

As to guaranty generally, see note § 27S7, ante.

§2825. DISCHARfiE OF THIXirVL IJY ACT OF TAW
DOKS \0T DISCHARGE (U'ARANTOR. A guarantor is not
exonerated by the discharge of his principal by operation of
law, without the intervention or omission of the creditor.

Hintory: Enacted March 21, 1872.

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

As to act of God, see Kerr's Cyc. C. C. § 1511 note par. 213.

As to guaranty generally, sec note § 2787, ante.



1415



§ 2831 CIVIL CODE. [Div.III,Pt.IV.

CHAPTER II.

SURETYSHIP.

Article I. Who Are Sureties, §§ 2831, 2832.

II. Liability of Sureties, §§ 2836-2840.

IIT. Rights of Sureties, §§ 2844-2850.

IV. Rights of Creditors, § 2854.

V. Letter of Credit, §§ 2858-2866.

ARTICLE I.

WHO ARE SURETIES.

§ 2831. Surety, what.

§ 2832. Apparent principal may show that he is surety.

§ 2831. SURETY, WHAT. A surety is one who at the re-
quest of another, and for the purpose of securing to him a
benefit, becomes responsible for the performance by the latter
of some act in favor of a third person, or hypothecates prop-
erty as security therefor.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 24 pars, annotation.

78 C. 443, 448, 21 P. 2, 4 (cited); 101 C. 415, 420, 35 P. 1027; 105
C. 434, 441, 39 P. 20 (applied); 109 C. 211, 221, 41 P. 1028 (ap-
plied); 112 C. 31, 34, 53 A. S. 155, 44 P. 305 (applied); 119 C. 67,
70, 51 P. 14 (construed); 120 C. 495, 501, 52 P. 848 (applied); 127
C. 525, 526, 59 P. 989 (applied); 138 C. 724, 729, 72 P. 352 (ap-
plied); 139 C. 246, 253, 255, 72 P. 997 (construed); 145 C. 497, 499,
78 P. 1056 (cited); 3 C. A. 115, 118, 84 P. 435 (maker of note as
principal debtor as his comakers as sureties for payment of his
debt); 3 C. A. 696, 700, 86 P. 981 (contract of suretyship — right
to benefit of collateral security).

SURETYSHIP.

As to conclusiveness against surety of judgment against prin-
cipal, see 32 A. D. 202; 43 A. D. 440; 56 A. D. 6. 72 A. D. 276; 83
A. D. 380; 33 A. R. 802; 69 A. S. 644; 2 L. 644; 52 L. 313; 52
L. 506.

As to considerations, see Kerr's Cyc. C. C. § 2792 and note.

1416



I



Tit.XIII.ch.IT.art.I.l SURETYSHIP. § 2831

As to distinction between sureties and guarantors, see Kerr's
Cyc. C. C. §§ 2807, 2808 and notes.

As to effect of secret agreement between principal and surety,
see 76 A. D. 131.

As to existence of relation of principal and surety between
maker of notes and grantee who assumes and agrees to pay, see
brief 40 L. 154.

As to guaranty by one signing obligation as surety of genu-
ineness of other signature, see 49 L. 315.

As to liability of infant on contract of suretyship, see 18 A.
S. 614.

As to liability of surety on failure of promised cosurety to
sign, see 28 A. D. 679; 52 A. D. 548; 85 A. D. 444; 25 A. R. 76; 29
A. R. 377; 54 A. R. 440; 67 A. S. 275; 67 A. S. 318; 45 L. 321; brief
37 L. 854.

As to nature of contract of suretyship, see 67 A. S. 275; brief
55 L. 552.

As to rights and liabilities of one who becomes surety for
surety, see 21 L.. 247.

As to validity of promise by third person to indemnify surety,
see brief 55 L. 206.



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