- 48 C.F.R. § 2.101 - Definitions
- Louisiana Future Advance Mortgages: A 20-Year Retrospective
555 F.3d 647 (8th Cir. 2009), 07-1547, Spirtas Co. v. Insurance Co. of State of Pa.
...Although ICSP held several suretyship defenses,2 the primary focus of the arbitration was not on ICSP's suretyship defenses until after ...ICSP held separate suretyship defenses. For example, ICSP claimed overpayment by the property owner because the property owner incurred substantial ...
- Ruminations on the Louisiana Law of Pledge
SC Lawyer, November 2010, #3. In Defense of the Guarantor: Changes in the Laws Relating to the Discharge of Secondary Obligors.
... the application of these defenses to a "party to the instrument." For example,. a party to the instrument is someone actually signing the instrument as a. maker, drawer, ... 36-3-605 refer explicitly to the Restatement of Suretyship and Guaranty. In. fact, the second comment posits an example similar to the facts of. ...
The construction defect hot potato: the interplay between the performance bond and CGL policy - a surety's perspective.
...This article discusses the inherent differences between insurance and suretyship, highlighting the distinctions that arise in claims made for defective workmanship under a CGL ...For example, in Sanitary District of Chicago v. U.S. Fidelity & Guaranty Co., (5) a surety was held liable ...
734 F.2d 1486 (D.C. Cir. 1984), 82-2412, Farmers Union Cent. Exchange, Inc. v. F.E.R.C.
... should be comprised of three elements: (1) debt service, (2) a "full compensatory suretyship premium," and (3) the " 'real ' entrepreneurial rate of return on the equity component of the ... that this court has sanctioned dramatic reductions in regulatory oversight under, for example, the FCC and ICC licensing provisions, both of which require that the licensee operate in ...
188 F.3d 31 (2nd Cir. 1999), 98-9331, Compagnie Financiere v Merrill Lynch
...Co., 413 N.Y.S.2d at 847 (citing cases)); see also 63 N.Y. Jur. 2d, Guaranty and Suretyship, § 89 (1987) (noting that while "[t]he liability of a surety cannot be extended beyond the plain ...2d, Suretyship and Guaranty, § 207 (1987) (same). This consent is expressed when, for example, a guarantee agreement contains a waiver of defenses that is broad enough to preclude the defense ...
Rethinking the Doctrine of Nullity
674 F.2d 330 (5th Cir. 1982), 80-3872, United States v. Bellard
... right of indemnification from a principal debtor exists by "nature of the contract of suretyship," Louisiana Bank & Trust Co., Crowley at 278-79 n.7, and co-exists with any right of subrogation ... The distinction between suretyship and guaranty is often blurred. This Court, for example, has stated that when the contract of guaranty is absolute or unconditional, binding the guarantor ...
321 F.2d 921 (9th Cir. 1963), 18403, Atterbury v. Carpenter
... Atterbury, however, contends that under well recognized principles of the law of suretyship the changes in Somco's principal obligation served to discharge him as surety. ...Liability insurance is the typical example. The surety, however, promises to protect the promisee only in case a third ...
646 F.2d 1064 (5th Cir. 1981), 78-3537, St. Paul Fire & Marine Ins. Co. v. Commodity Credit Corp.
...§ 291 For example, an individual producer may elect to tender to the association his warehouse receipts, which ... the sureties' legal obligations under federal law which governs construction of the suretyship contracts between CCC, as creditor, and St. Paul and Boston. See St. Paul Fire & Marine Insurance ...
The Perils of Primacy: Successor Liability for Lenders Turned Declarants in Louisiana Common Interest Communities
508 F.3d 327 (6th Cir. 2007), 06-3767, Commercial Money Center, Inc. v. Illinois Union Ins. Co.
..., but also singled out the transaction with Chase/Citibank as most clearly providing a suretyship for the benefit of Chase/Citibank and for waiver of Illinois Union's defenses. ... 6 An example of a typical Lease Bond provided in part: "That we, , as principal, and [the surety company] . . ...
Deficiency Judgments: A Louisiana Overview
Introduction. II. In Louisiana, A Debtor Retains Title To Collateral; The Creditors Merely Get A Right To Seize And Sell The Asset And Get A Privilege On The Proceeds Of The Sale. III. Louisiana Has Traditionally Required A Creditor To Use Judicial Process To Sell The Collateral Which Secures A Loan. IV. Judicial Sales. V. The Origins Of Louisiana's Deficiency Judgment Act And Its Relationship...
...Examples of potential "fundamental defects" cured by legislation or later jurisprudence include: ...In barring the deficiency against the Clarks, the court relied on provisions of the suretyship articles of the Civil Code, even though there was no language in the case to indicate that the ...
866 F.2d 1463 (D.C. Cir. 1989), 86-5173, U.S. v. Rollinson
...In United States (SBA) v. Corsino, 648 F.Supp. 454 (D.P.R.1986), for example, the court held that the statute of limitations begins to run against SBA "at the time the ... Some courts have reached the same conclusion on the basis of common-law suretyship principles. In United States v. Tilleraas, . . 538 F.Supp. 1 (N.D.Ohio 1981), for example, the ...
Surety in the 21st century: everything old is new again.
.... This article provides an overview of the suretyship and how it fits into the field of construction law. We will also underline some distinctions ...For example, a lender may grant an operating line of credit to the contractor and will obtain a security ...
Security for Contract Performance
... Suretyship. As an alternative, some parties use surety bonds to supply additional assurances of performance. ...For example, neither the UCP nor the URDG address the rights of the parties if the IFA expires but presentment ...
- 12 CFR 701.20 - Suretyship and guaranty
The Place of the Louisiana Civil Code in the Hispanic Civil Codifications: The Comments to the Spanish Civil Code Project of 1851
Introduction II. Nineteenth Century Codification Movements A. Europe B. The United States Of America C. The State Of Louisiana D. Spain III. The Concordancias Of Florencio García Goyena A. Structure Of The Concordancias B. References To The Louisiana Civil Code 1. Direct References 2. General References 3. Cross-References 4. Miscellaneous References 5. Overall Impact C. Influence Of The...
... and Latin American codifications; and (3) provides, by means of three appendices, 7 an example of a scholarly comment to one of the articles of the Spanish Project included in the Concordancias ...Chapter II. Of compromises. ( De los compromisos. ). [1730-1732]. Title XVII. Of suretyship. ( De la fianza. ). Chapter I. Of the nature and extent of suretyship. ( De la naturaleza y ...
Holland v. Rosen, 070918 FED3, 17-3104
... whether to detain the eligible defendant. They include, for. example, the nature of the offense charged, the history and. characteristics of the eligible ... compared to personal suretyship. F.E. Devine, Commercial. Bail Bonding 4 (1991) (citing William Blackstone,. ...
404 F.3d 566 (2nd Cir. 2005), 04-0843, Aetna Cas. and Sur. Co. v. Aniero Concrete Co., Inc.
...For example, Aniero contends that it was compelled to comply with the terms of Change Order No. 113 ("the New ...Jur.2d, Guaranty and Suretyship § 574. Citing these doctrines, Aetna insists that the overpayments that it has ...
Point Of Interest: Sixth Circuit Complicates Sureties' Duty Of 'Good Faith'
A hefty body of law declares that "suretyship is not insurance," and so that sureties are not subject to claims for the tort of insurance bad ...For example, both a surety and an insurer can, in some circumstances, settle a claim against their customer ...
156 F. 44 (1st Cir. 1907), 679, Munson v. Standard Marine Ins. Co.
...For example, he relies on 1 Brandt's Suretyship and Guaranty (3d Ed., 1905) Sec. 238, as establishing a ...
789 F.2d 74 (1st Cir. 1986), 85-1876, Rhode Island Hosp. Trust Nat. Bank v. Ohio Cas. Ins. Co.
... This case involves the complex world of suretyship law and its impact on the rights of two financial institutions who are parties here because of ...There are exceptions, however, to the privity status between an assignor and assignee. For example, there is no preclusion if the assignment took place before the litigation that is now raised as ...