The contract of suretyship or guaranty is one whereby a person obligates himself to pay the debt of another in consideration of a benefit flowing to the surety or in consideration of credit or indulgence or other benefit given to his principal, the principal in either instance remaining bound therefor. Sureties, including those formerly called […]
The obligation of the surety is accessory to that of his principal; and, if the latter from any cause becomes extinct, the former shall cease of course, even though it is in judgment. If, however, the original contract of the principal was invalid from a disability to contract and this disability was known to the […]
The contract of suretyship is one of strict law; and the surety’s liability will not be extended by implication or interpretation. History. Orig. Code 1863, § 2127; Code 1868, § 2122; Code 1873, § 2150; Code 1882, § 2150; Civil Code 1895, § 2968; Civil Code 1910, § 3540; Code 1933, § 103-103. Law reviews. […]
The form of the contract is immaterial, provided the fact of suretyship exists. History. Orig. Code 1863, § 2128; Code 1868, § 2123; Code 1873, § 2151; Code 1882, § 2151; Civil Code 1895, § 2969; Civil Code 1910, § 3541; Code 1933, § 103-104. Editor’s notes. In Massell v. Prudential Ins. Co. of America, […]
