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BANKRUPTCY—continued.

where principal is a lessee and answerable for breaches
of covenant

where the official assignee of the bankrupt's estate be-
came bankrupt .

where the debt is a sum of money payable by instal-

ments

Where he has given the principal credit for a sum be-
yond what the surety is answerable for
To have bill of exchange indorsed by assignees
To prove against principal, or go against surety without
proving.

except when he is an annuity creditor

To prove in full against principal, notwithstanding
having collateral security from surety, where and
where not

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110, 111

To prove against separate estate of each partner on
bankruptcy of firm

111

To sign principal's certificate, when and when not
96, 97. 109. 190, 191

Rights of creditor on bankruptcy of surety:
must be a debt existing when fiat issues
debt, what considered a

where surety contracts to pay at all events without
regard to principal

where surety is joint grantor with principal of
annuity

where he is co-obligor with principal in a bond
where he is joint maker with principal of a note
where he is indorser, drawer, or acceptor of bill
of exchange

102
102-104

103

ib.

ib.

104

ib.

107

Rights of creditor on bankruptcy of principal and surety:
To prove under each fiat till paid in full

106

Where principal and surety, after separate liability, enter
into partnership

107

Where subsequent arrangement is entered into between

principal, surety and creditor

108

Where there are several sureties:

To prove under each fiat till fully satisfied

Rights of surety on bankruptcy of principal:

Where entitled to a proportion of the dividends re-

ceived by the creditor

Where not

Where entitled to have collateral securities made

available in reduction of his debt

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100. 122

123

ib.

ib.

ib.

123, 124

When the Court of Bankruptcy will direct creditor to

sue out fiat against principal

As to proof:

When the Court of Bankruptcy will direct proof

to be reinstated

124

Page

BANKRUPTCY-continued.

Rights of surety on bankruptcy of principal-continued.
Principal's debt must have been subsisting at time
of fiat

Indemnity bond forfeited before bankruptcy can-

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135

not be proved if no payment made 105. 136
But a claim will be entered and a dividend

reserved

136

He must have paid the whole, or a part, in dis-
charge of the whole
121, 122. 136, 137. 191
In case of accommodation, indorsement, or ac-
ceptance

In case of partnership, as to retiring partner who
has paid, and continuing partner becomes
bankrupt
Where surety joined principal after bankruptcy
and certificate in a new contract of suretyship
on delivery up of old one

May prove for money paid and interest up to
date of fiat only

except in case of a surplus

Right of surety on bankruptcy of co-surety:
What his right to contribution depends on

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138

139

137

139

139, 140

154

Right of persons claiming under surety on bankruptcy of
principal:

As to restraining creditor from signing certificate

Certificate in bankruptcy :

Bars all debts proveable but not proved

Bars all consequential damage

109

104, 105

139

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Releases person of bankrupt from arrest, and his future
effects from execution

Surety may restrain creditor from signing, when

Signature of principal's certificate, does not discharge

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BILLS OF EXCHANGE.

Who considered principals and sureties, in case of

As to giving time in cases of

See DISCHARGE OF SURETY.

COLLATERAL PROMISE.

175

175, 176

Differs from an original promise, how

Is an undertaking by one person for the debt, default or
miscarriage of another

Is an indemnity and not an absolute debt till when

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Page

COLLATERAL PROMISE-continued.

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Cases on the meaning of the words debt, default, or mis-
carriage
Must be for the debt, default, or miscarriage of a person
other than the person promising

4-7

8

The party promising must be liable out of his own funds 12, 13
The person promised for must continue liable after the pro-

mise

13

As to what is a sufficient consideration, and its being in
writing,

See CONSIDERATION.

Where the promise is entire, if void in part, it is void alto-
gether

63

unless the good part can be separated from the bad
part
ib.
Construction of collateral promises generally 26, 27, 28, 29
Construction with reference to the amount for which surety

engages

33, 34

Construction with reference to the subject-matters of the

contract

34-45

Construction with reference to the promissees:
Where they are members of a copartnership

46-48

Where the promise is made to the promissee,
executors, or administrators," by bond

or" his successors," by bond

Where the promise is made to a banking house

a company

Construction with reference to the persons promised for :
Where they are members of a copartnership

Construction with reference to the duration

What is a sufficient memorandum or note of the agreement
it must state the subject-matter of the contract
the consideration

The signature of the party to be charged
Though originally verbal, if subsequently reduced into
writing, good

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46, 47

50-53

74

75

ib.

ib.

77

What a sufficient signature by the party or his agent 77, 78, 79
Need only be signed by the party to be charged

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See SURETY (his rights with relation to the principal).

By creditor with principal,

See DISCHARGE OF SURETY.

CONSIDERATION for a collateral promise.

is necessary to make a binding contract
an executory consideration, what

an executed consideration, what
must be sufficient in law

must appear on the instrument

Parol evidence thereof inadmissible

exception

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Page

62

56.64-69

Creditor granting any suspension or forbearance of his
right, sufficient

Person promised for deriving advantage therefrom, suffi-
cient

56-58

54, 55

54

62

3.73

55

ib.

not necessary that any benefit accrue to person promising
an executed consideration not sufficient to support a sub-
sequent promise

ib.

57

What a sufficient statement in writing of

62-69

What an insufficient statement in writing of

69-72

Where the consideration is partly sufficient and partly in-
sufficient

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Cases illustrating the principle of

Right to, may be qualified by express agreement

In case of Bankruptcy,

See BANKRUPTCY.

In case of Insolvency,
See INSOLVENCY

Remedies for enforcing,

See LAW. EQUITY.

In what case not allowed

Extends to what, and what not

146, 147
147-150

148, 149

149, 150
150-152

Right to, when lost or affected:

Barred by statute of limitations, when

153

By laches of plaintiff in equity between time of filing
bill and decree

153

Right to, when not lost:

By loss of funds through laches of plaintiff in equity
after decree

ib.

Where surety was morally speaking the original cause
of principal's default

ib.

Where surety has paid with borrowed money 153, 154
Where time for payment had been given surety by
creditor

CREDITOR.

His rights with relation to the surety where he is solvent :
Rights at law and in equity,

See LAW. EQUITY.

154

CREDITOR-continued.

May proceed against surety immediately after default
of principal

Where there are several sureties:

may proceed against any one alone

after releasing or compounding with one, may pro-
ceed against the others, when

In case of condition precedent, it must be strictly
performed.

Examples of rule

Illegal contract creates no liability in surety

a violation of the excise laws, held not so

Page

84

85

ib.

ib.

85-89

88

ib.

97

against sureties for a receiver in a case of creditor's
laches

With relation to persons claiming under surety:

against devisee of surety by covenant in lease under
3 and 4 W. 4, c. 14

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108

against the representatives of surety on insolvency of
principal, to set apart sufficient to answer subsequent
damnification

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Is entitled to all securities given by principal to surety

this right may be qualified.

109

88, 89. 98. 110

99

May proceed against sureties personally, notwithstand-
ing his having the additional security of a pledge
or fund

In case of lost bond,

See EQUITY.

89

When he may not proceed against defendant's bail
When he may

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In case of a ne exeat regno on principal going abroad 94, 95
Not to recover costs of fruitless suit against principal,

except when

See BANKRUPTCY.

DEBT. See COLLATERAL PROMISE.

DEFAULT.

INSOLVENCY.

See COLLATERAL PROMISE.

DELAY BY CREDITOR.

To sue principal,

See LACHES.

To give notice to surety of default by principal,
See NOTICE.

DISCHARGE OF SURETY.

Does not discharge the principal

By payment or satisfaction of the debt

And see PAYMENTS (application of).

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