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ib.

Page
BANKRUPTCY-continued.

where principal is a lessee and answerable for breaches
of covenant

98
where the official assignee of the bankrupt's estate be-

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

97
Where he has given the principal credit for a sum be-
yond what the surety is answerable for

100
To have bill of exchange indorsed by assignees

98
To prove against principal, or go against surety without
proving

95
except when he is an annuity creditor

ib.
To prove in full against principal, notwithstanding

having collateral security from surety, where and
where not

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

102
debt, what considered a

102-104
where surety contracts to pay at all events without
regard to principal

103
where surety is joint grantor with principal of
annuity

ib.
where he is co-obligor with principal in a bond ib.
where he is joint maker with principal of a note 104
where he is indorser, drawer, or acceptor of bill
of exchange

ib.
Where there are several sureties :
To prove under each fiat till fully satisfied

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
Where subsequent arrangement is entered into between
principal, surety and creditor

108
Rights of surety on bankruptcy of principal :
Where entitled to a proportion of the dividends re-
ceived by the creditor

100. 122
Where not

123
Where entitled to have collateral securities made

available in reduction of his debt
Where not

ib.
Where entitled to future dividends

ib.
When the Court of Bankruptcy will direct creditor to
sue out fiat against principal

123, 124
As to proof :

When the Court of Bankruptcy will direct proof
to be reinstated

124

107

ib.

.

.

Page
BANKRUPTCY-continued.
Rights of surety on bankruptcy of principal continued.

Principal's debt must have been subsisting at time
of fiat

135
Indemnity bond forfeited before bankruptcy can-

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

138
In case of partnership, as to retiring partner who

has paid, and continuing partner becomes
bankrupt

139
Where surety joined principal after bankruptcy

and certificate in a new contract of suretyship
on delivery up of old one

137
May prove for money paid and interest up to
date of fiat only

139
except in case of a surplus

139, 140
Right of surety on bankruptcy of co-surety:
What his right to contribution depends on

154
Right of persons claiming under surety on bankruptcy of

principal:

As to restraining creditor from signing certificate 109
Certificate in bankruptcy:
Bars all debts proveable but not proved

104, 105
Bars all consequential damage

139
Releases person of bankrupt from arrest, and his future
effects from execution

190
Surety may restrain creditor from signing, when 109
Signature of principals certificate, does not discharge
surety

190
BILLS OF EXCHANGE.
Who considered principals and sureties, in case of

175
As to giving time in cases of

175, 176
See DISCHARGE OF SURETY.
COLLATERAL PROMISE.

Differs from an original promise, how
Is an undertaking by one person for the debt, default or
miscarriage of another

1, 2
Is an indemnity and not an absolute debt till when

92
Must be in writing

54
may be under seal

2
or not under seal

ib.
exception to the rule

3. 73
May consist of several distinct writings if connected to-
gether

62. 78
Parol evidence allowed to connect them, when

33, 34

Page
COLLATERAL PROMISE-continued.

Cases on the meaning of the words debt, default, or mis-
carriage

4-7
Must be for the debt, default

, or miscarriage of a person
other than the person promising
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
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

47, 48
“his successors,” by bond

51
Where the promise is made to a banking house

48
a company

49
Construction with reference to the persons promised for :
Where they are members of a copartnership

46, 47
Construction with reference to the duration

50—53
What is a sufficient memorandum or note of the agreement 74
it must state the subject-matter of the contract

the consideration
The signature of the party to be charged

ib.
Though originally verbal, if subsequently reduced into
writing, good

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

75. 77
a mark will be sufficient

78
Printing instead of writing the name

ib.
Where the contract is contained in several different
documents, and where only one is signed

ib.
In case of partners,

See PARTNERSHIP.

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or

COMPOUNDING.
By surety with creditor,

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

See DiscHARGE OF SURETY.

.

Page
CONSIDERATION for a collateral promise.
is necessary to make a binding contract

62
an executory consideration, what

56. 64–69
an executed
consideration, what

56-58
must be sufficient in law

54, 55
must appear on the instrument

54
Parol evidence thereof inadmissible

62
exception

3.73
Creditor granting any suspension or forbearance of his
right, sufficient

55
Person promised for deriving advantage therefrom, suffi-
cient

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

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

72, 73
CONTRACT OF SURETYSHIP.
What it is

1
Is called a collateral promise, and why

3
See COLLATERAL PROMISE.
CONTRIBUTION.
What it is

146, 147
Cases illustrating the principle of

147—150
Right to, may be qualified by express agreement 148, 149
In case of Bankruptcy,

See BANKRUPTCY.
In case of Insolvency,

See INSOLVENCY
Remedies for enforcing,

See Law. EQUITY.
In what case not allowed

149, 150
Extends to what, and what not

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

154
CREDITOR.
His rights with relation to the surety where he is solvent :
Rights at law and in equity,

See LAW. EQUITY.

.

Page

CREDITOR-continued.

May proceed against surety immediately after default
of principal

84
Where there are several sureties :
may proceed against any one alone

85
after releasing or compounding with one, may pro-
ceed against the others, when

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

ib.
Examples of rule

85-89
Illegal contract creates no liability in surety

88
a violation of the excise laws, held not so

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

97
With relation to persons claiming under surety :

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

108
against the representatives of surety on insolvency of
principal, to set apart sufficient to answer subsequent
damnification

109
Is entitled to all securities given by principal to surety

88, 89. 98. 110
this right may be qualified

99
May proceed against sureties personally, notwithstand-
ing his having the additional security of a pledge

89
In case of lost bond,

See EQUITY.
When he may not proceed against defendant's bail 93

94
When he may proceed against surety notwithstanding
an injunction

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

ib.
See BANKRUPTCY. INSOLVENCY.
DEBT. See COLLATERAL PROMISE.

or fund

When he may

DEFAULT. See COLLATERAL PROMISE.

DELAY BY CREDITOR.
To sue principal,

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

See NOTICE.

192
157

DISCHARGE OF SURETY.

Does not discharge the principal
By payment or satisfaction of the debt

And see PAYMENTS (application of).
By determination of the contract
By creditor :

By release to surety from creditor

ib.

ib.

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