QUESTIONS.

GUARANTY AND SURETYSHIP.

Page 131.

1. What is the form of the contract of the surety or the guarantor?

2. What is the general nature of the contract of

suretyship?

3. Who are the parties to the contract?

Page 132.

1. How old is the surety form of contract?

2. What are the essentials of this form of contract?

Page 133.

1. Who is the principal?

2. What is Judge Cooley's definition of a surety?

Page 134.

1. What are some of the prerequisites in order to make the promise, to answer for the debt of another, a contract of suretyship?

Pages 135-136.

1. State some of the distinctions that are made between a surety and a guarantor.

Page 137.

1. Is a surety ever held beyond the express terms of the contract?

2. What is meant by the expression that a surety is a favorite of the law?

Page 138.

1. Define a co-surety, and state what things are essential to constitute one a co-surety.

2. What is the extent of the co-surety's right of contribution against his co-surety?

Page 139.

1. Is the grantee or grantor of mortgaged premises a

surety?

2. Can property itself be considered as a surety, where it is security for the debt?

Page 140.

1. When have certain persons the rights of sureties although not sureties in fact?

2. Are joint promissors to be considered as sureties for each other?

Page 143.

1. Who in general may contract as a surety?

Page 144.

1. Can an infant make a valid contract as a surety? If not, is the contract voidable or void?

Page 145.

1. Can a married woman at common law or at the present time make a contract of suretyship? 2. Can an insane person make a contract of suretyship? Page 146.

1. Can a partnership or corporation make a contract of suretyship?

Page 147.

1. Is there any limitation on the right of an attorney at law to act as surety?

2.

Where either the principal or surety is acting under duress is he bound on the contract?

Page 148.

1. When will fraud give the surety the right to avoid

the contract?

Page 151.

1.

What consideration is necessary to support the surety's contract?

2. Is delivery of the surety's written contract neces

1. Is the surety bound when having signed an incomplete instrument his agent fills in blanks contrary to the surety's instruction?

Page 153.

1. Can one claim the rights of a surety, where being a surety in fact he calls himself a principal in the contract?

2. What rules govern in the matter of the construction of the surety's contract?

Page 155.

1. How is the extent of the surety's liability determined?

Pages 156-157.

1. When may a surety be sued before suit is brought against the principal?

Page 158.

1. Is a surety ever held for any sum beyond the amount for which he binds himself?

Page 159.

1. Give certain instances where a surety was held not liable on suit brought.

Page 160.

1. Can a surety ever terminate his liability by giving

notice?

Pages 161-162.

1. In general, what things will discharge the surety from liability on his contract?

Pages 162-163.

1. Give some illustrations of discharge by alteration

of the contract.

Page 164.

1. Does alteration always discharge?

Page 165.

1. How may the surety show discharge by fraud of the creditor?

2. When will concealment, or failure to disclose facts known to the creditor, amount to fraud?

Pages 167-168.

1. What are some of the rights and remedies of a surety against the creditor, on suit being instituted against the surety?

Pages 168-170.

1. What rights and remedies has a surety against the principal, after he pays the debt and before the debt is paid?

Pages 171-172.

1. Enumerate the rights and remedies of a surety against his co-sureties.

Page 172.

1. What acts of a surety will discharge his co-surety from contribution?

Pages 172-173.

1. State the proportion that each co-surety is bound to contribute, when the action is in law, and in equity.

Pages 173-174.

1. State what you understand by the doctrine of equitable subrogation, and how far the right is available to the surety.