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POPULAR LAW LIBRARY

PUTNEY

CI

Bills and Notes
Guaranty and Suretyship

Insurance
Bankruptcy

EXAMINATION QUESTIONS

BY
ALBERT H. PUTNEY, A. B., D. C. L., LL. D.

DEAN OF THE ILLINOIS COLLEGE OF LAW,
AUTHOR OF "GOVERNMENT IN THE UNITED STATES," "COLONIAL GOVERNMENTS
OF EUROPEAN STATES," "LANDMARK CASES IN UNITED STATES

CONSTITUTIONAL LAW,” ETC., MEMBER OF THE BAR

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CHAPTER II.

PARTIES TO THE CONTRACT..

Section 12 Who May Become a Surety or a Guarantor.

13 Infants as Sureties..

14 Married Women as Sureties.

15 Insane Persons as Surety...

16 Partnerships and Corporations as Sureties.

17 Attorneys-at-law as Sureties..

18 Surety Under Duress.....

19 Fraud in the Contract...

20 Guaranty and Surety Companies. ..

CHAPTER III.

MAKING THE CONTRACT..

Section 21 Consideration.

22 Delivery.....

23 Imperfect or Incomplete Instrument.

24 Surety who Binds Himself as Principal..

25 Construction of the Contract.....

143

143

144

145

145

146

147

147

148

148

151

151

151

152

153

153

CHAPTER IV.

LIABILITY AND RIGHTS OF SURETY....

155

Section 26 The Extent of the Surety's Liability.

155

27 Surety May be Sued Before Principal, When..

156

28 Surety not Liable Beyond Penalty of his Bond.

158

29 Instances Where Surety not Liable ....

159

30 When Surety May Terminate his Liability by Notice.. 160

31 In General, what Things will Discharge the Surety.

160

32 Illustration of Discharge by Material Alteration..

162

33 Alteration does not Always Discharge the Surety.

164

34 The Creditor's Fraud.....

164

35 Rights and Remedies of a Surety Against the Creditor. .. .. 167

36 Rights and Remedies of Surety Against the Principal...... 168

37 The Rights and Remedies of a Surety as to Co-Surety.... 171

38 When Surety's Act Discharges Co-Surety from Contribution. 172

39 In what Proportion Co-Surety Bound to Make Contribution. 172

40 The Equitable Right of Subrogation...

173

41 Surety Subrogated to Lien of Judgment Against Principal.... 175

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