Accessory Contract
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
One made for assuring the performance of a prior contract, either by the same parties or by others; such as suretyship, mortgages, and pledges. It is a general rule that payment or release of the debt due, or the performance of a thing required to be performed by the first or principal contract, is a full discharge of such accessory obligation; Fothier, Ob. 1, c.
1, s. 1, art. 2, n. 14; id. n.
182, 1S6; see 8 Mass. 551; Waring' v. Smyth, 2 Barb. Ch. (X. Y.) 119, 47 Am. Dec. 299; Blodgett v. Wadhams, Lalor's Supp. (N. Y.) 65; Ackla.la, 0 Pa. 228; Whittemore v. Gil N. If. 4S4; and that an assignment of the principal contract will carry the accessory contract with it; Donley v. Hays, 17 S. & R. (Pa.) 400; Jackson v. Blodget, 5 Cow. (X. Y.) 202; Ord v. Mc Kee. 5 Cal. 515; Crow v. Vance, 4 la.
434; Whittemore v. Gibbs, 24