Section 433.050 – Interest due on amount paid by surety.
Effective – 28 Aug 1939 433.050. Interest due on amount paid by surety. — When any bond, bill or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and such bond, bill or note, or any part thereof, shall be paid […]
Section 433.060 – Remedy of surety.
Effective – 28 Aug 1939 433.060. Remedy of surety. — When such payment by a surety shall be made in money, such surety may recover the same, with the interest; and when such payment is made in property, he may recover the value, with interest. ——– (RSMo 1939 § 3325) Prior revisions: 1929 § 2938; […]
Section 433.070 – Surety entitled to judgment against principal on motion, when.
Effective – 28 Aug 1939 433.070. Surety entitled to judgment against principal on motion, when. — In all cases where judgment is given in any court, whether of record or not, upon any bond, bill or note, for the payment of money or delivery of property, against the principal debtor and any surety therein, and […]
Section 433.080 – Judgment on motion — proceedings.
Effective – 28 Aug 1939 433.080. Judgment on motion — proceedings. — No judgment shall be rendered, as is provided in section 433.070, unless the party applying therefor shall have given the adverse party at least ten days’ notice, in writing, of such motion, nor unless such motion shall be made within one year after […]
Section 433.090 – Cosurety may demand that judgment be obtained against estate of deceased surety or principal.
Effective – 28 Aug 1939 433.090. Cosurety may demand that judgment be obtained against estate of deceased surety or principal. — If any person bound as principal or surety in any bill, note or other instrument of writing for the direct payment of money dies, any cosurety therein, or his legal representatives, may, in writing, […]
Section 433.100 – Failure to prosecute such action exonerates surviving surety.
Effective – 28 Aug 1939 433.100. Failure to prosecute such action exonerates surviving surety. — If such action be not begun by the party having the right thereof, within a reasonable time after being notified as above provided so to do, and proceeded in with due diligence in the ordinary course of law to a […]
Section 433.110 – Contribution between sureties.
Effective – 28 Aug 1939 433.110. Contribution between sureties. — When there are two or more sureties in any such bond, bill or note, and any of them shall pay, in money or property, more than his due portion of the original demand, such surety may recover such excess, as herein provided for a surety […]
Section 433.120 – Liability of surety limited.
Effective – 28 Aug 1939 433.120. Liability of surety limited. — No such surety shall be compelled, in any action, to pay more than his due proportion of the original demand; and when such surety shall have previously paid any portion thereof, he shall be liable to pay only so much as the amount already […]
Section 433.030 – Surety shall be discharged, when.
Effective – 28 Aug 1939 433.030. Surety shall be discharged, when. — If such suit is not commenced within thirty days after the service of such notice, and proceeded in with due diligence, in the ordinary course of law, to judgment and execution, such surety shall be exonerated from liability to the person so notified. […]
Section 433.040 – Sureties may not require suit against principal in fidelity bond.
Effective – 28 Aug 1983 433.040. Sureties may not require suit against principal in fidelity bond. — Sections 433.010 and 433.030 shall not extend to the bond of any personal representative, guardian, conservator, officer or other person given to secure the performance of the duties of his office, trust, place of business, nor to any […]