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N.C. Gen. Stat. § 26-3.1

Surety's recovery on obligation paid; no assignment necessary

Applied in 2 court decisions — leading case 196 N.C. App. 739 - Liptrap v. Coyne (2009)

Most recently applied in Bognc, LLC v. Cornelius Nc Self-Storage LLC (May 2013)

1959, c. 1120.

(a) A surety who has paid his principal's note, bill, bond or other written obligation, may either sue his principal for reimbursement or sue his principal on the instrument and may maintain any action or avail himself of any remedy which the creditor himself might have had against the principal debtor. No assignment of the obligation to the surety or to a third-party trustee for the surety's benefit shall be required.

(b) The word "surety" as used herein includes a guarantor, accommodation maker, accommodation indorser, or other person who undertakes liability for the written obligation of another.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.