Handbook of the Law of Suretyship And Guaranty
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The right of the surety to set up defenses available to the principal are restricted to such as are inherent to the debt, known as "real defenses," and does not extend to such as are personal to the principal, 541 and not connected with any act or negligence on the part of the creditor. Incompetency of the surety himself, as a defense, has been considered heretofore. 5 * 2 Personal defenses available to the principal, but not to the surety, are such as arise from the incompetency of the princip...al at the time the contract was entered into, or which arise subsequently by operation of law. A contract of surety- ship imports that the principal is competent to contract, 543 and the liability of the surety in such cases is not tested by his b*i Jones v. Crosthwaite, 17 Iowa, 393; Robinson v. Robinson, 11 Bush (Ky.) 174; Foxworth v. Bullock, 44 Miss. 457; Harley v.
Stapleton's Adm'r, 24 Mo. 248; Erwin v. Downs, 15 N. Y. 576; Un- iingst v. Fitler, 84 Pa. 135; Hess'er v. Steiner, 5 Watts &■ 8.
What to read after Handbook of the Law of Suretyship And Guaranty?
You can find similar books in the "Read Also" column, or choose other free books by Childs, Frank Hall, 1859- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The right of the surety to set up defenses available to the principal are restricted to such as are inherent to the debt, known as "real defenses," and does not extend to such as are personal to the principal, 541 and not connected with any act or negligence on the part of the creditor. Incompetency of the surety himself, as a defense, has been considered heretofore. 5 * 2 Personal defenses available to the principal, but not to the surety, are such as arise from the incompetency of the princip...al at the time the contract was entered into, or which arise subsequently by operation of law. A contract of surety- ship imports that the principal is competent to contract, 543 and the liability of the surety in such cases is not tested by his b*i Jones v. Crosthwaite, 17 Iowa, 393; Robinson v. Robinson, 11 Bush (Ky.) 174; Foxworth v. Bullock, 44 Miss. 457; Harley v.
Stapleton's Adm'r, 24 Mo. 248; Erwin v. Downs, 15 N. Y. 576; Un- iingst v. Fitler, 84 Pa. 135; Hess'er v. Steiner, 5 Watts &■ 8.
What to read after Handbook of the Law of Suretyship And Guaranty?
You can find similar books in the "Read Also" column, or choose other free books by Childs, Frank Hall, 1859- to read onlineMoreLess
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