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Suretyship

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

contracts, is an accessory agreement by which a person binds himself for another already bound, and promises to the creditor to satisfy the obligation, if the debtor does not. It can be given only for valid contracts; a man may, however, become surety for an obligation of which the principal debtor might get a discharge by an exception merely personal to him, such as that of being a minor or a married woman.. A surety is discharged if the creditor and the principal debtor change the nature of the original contract in any degree, without the consent of the surety. 15 East, 617, n. and vide Yelv. 47 n.; 20 Vin. Ab. 101; 1 Supp. to Ves. Jr. 220, 498, 9; Ayliff’s Pand. 559; Poth. Obl. part 2,c.

6.

Vide Surety.