- 48 C.F.R. § 2.101 - Definitions
292 U.S. 143 (1934), 650, Hartford Accident & Indemnity Co. v. Delta & Pine Land Co.
... any claim under the contract must be made within 15 months from the termination of the suretyship. In an action for defalcations committed in Mississippi, where also both corporations did business, ... demurred, assigning these causes of demurrer: (1) the construction and validity of the provision of the contract relied upon in the plea is to be determined by the laws of Mississippi, and not by ...
186 U.S. 342 (1902), 178, Fidelity and Deposit Company v. Courtney
...It cannot be presumed that the parties intended to introduce into the contract a provision that would render the contract nugatory. As "immediate" was understood by them, it allowed the ... that it can only obtain as a consequence of an express provision of the contract of suretyship. Was there such a provision in the bond now under consideration?. Now the clause ...
- T.C.A. § 47-12-107 - Continuing guaranty or suretyship agreements - Future obligations
182 F.3d 1284 (11th Cir. 1999), American Mfg. Mut. Ins. v Tison Hog Market
...The PSA does not have any explicit provision dealing with fraud by a principal toward a surety, and there is no case law applying it to such a ituation. We turn, therefore, to state common law and general principles of suretyship as a source for federal common law to fill the gap. See Nachwalter v. Christie, 805 F.2d 956, 959 ...
Gatzaros v. Sault Ste. Marie Tribe of Chippewa Indians, 080114 FED6, 13-2045
... each and every defense and setoff of any nature which, under principles of guaranty or suretyship, would operate to impair or diminish in any way the obligation of the Sault Tribe and the Authority ... This provision of the guaranty agreement aligns with settled law. "The guarantor may generally raise as a defense ...
118 F.3d 1542 (Fed. Cir. 1997), 94-5159, National Sur. Corp. v. United States
...The retainage provision was as follows:. Clause G-7(A). Payment to Contractor Clause 7 of the General Provisions ...Although we affirm the court's conclusion as to liability, we do so on application of suretyship principles. A. The view that the surety is a third party ...
- SDCL 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable
80 F.2d 834 (2nd Cir. 1936), 66, Brulatour v. Aetna Casualty & Surety Co.
... The only methods of termination were set forth in the ninth provision, reading: 'Any suretyship hereunder may be terminated as a whole, or as to any portion, or as to ...
Lending and investments: Letters of credit issuance and suretyship and guaranty agreements restrictions,
...See also 12 CFR 545.16(a)(3) (1998) (``surety'' means surety under real and/or personal suretyship, and includes guarantor). Currently, Sec. 545.103 contains various provisions designed to ensure the safety and soundness of surety agreements by Federal savings associations. These safety and soundness concerns are the same for suretyship and guaranty agreements by ...
Express Blower, Inc. v. Earthcare, LLC, 120910 FED5, 09-31233
... after the April 2005 termination of the Lease; it has based all claims on express provisions of the Lease, the Agreement, and the Repurchase Contract in connection with triggering events that occurred before lease termination. Earthcare denied the existence of a suretyship and asserted that the sale proceeds of the leased equipment fully satisfied Earthcare's ...
In re Miller, 033117 FED9, 14-16854
...In Arizona,. "[a]ny transaction of guaranty, indemnity or. suretyship" requires the "joinder of both. spouses"-a requirement that has been construed to mean. ... resolved by an explicit provision in their agreement directed. to that issue." Restatement § 187(2). Section 187. is a ...
853 F.3d 508 (9th Cir. 2017), 14-16854, In re Miller
...In Arizona, ". [a]ny transaction of guaranty, indemnity or suretyship". requires the " joinder of both spouses" --a. requirement that has been construed to ... resolved by an explicit provision in their agreement directed. to that issue." Restatement § 187(2). Section 187. is a ...
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 ... to perform its construction work in a good and workmanlike manner, without more specific provisions enlarging this obligation, "assume liability" for damages arising out of the contractor's defective ...
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. ... that California law governs, except where documents contain an express choice of law provision to the contrary, because the Policy specified California law and California has the most ...
New Restatement of Suretyship and Guaranty raises some practical problems.
...Their first experience with suretyship law may occur when they draft waivers of suretyship defenses.(6) The underlying policy in drafting these provisions and in the structure of the transactions is negotiability. For this reason, the commercial practitioners look favorably on the provisions of the Uniform Commercial Code, and, where possible, they ...
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...
... are statutory and flow from two separate sources-the Deficiency Judgment Act 7 and the provisions of Louisiana's version of U.C.C. article 9. 8 . II. In Louisiana, A Debtor Retains Title To ...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 ...
Rethinking the Doctrine of Nullity
Cashman Equipment Corp. v. United States Fire Ins. Co., 030510 FED3, 08-4289
... determination, the District Court overlooked the impact of the Contract's choice of law provision upon the interpretation of the Bond Agreement. Although the Pennsylvania Supreme ... has not addressed the impact of a choice of law clause in a principal contract upon a suretyship contract containing no choice of law clause, the Restatement (Second) of Conflict of Laws contains ...
18 F.3d 953 (D.C. Cir. 1994), 92-7190, Bechtel & Cole v. Graceland Broadcasting Inc.
...'s silence; that the statute of frauds barred Bechtel from recovering based on an oral suretyship agreement; and that the court erred in admitting testimony regarding William B. Tanner, Sr.'s ...himself. In these circumstances, the statute of frauds provision on suretyship is wholly inapposite. F. Comments on Tanner, Sr.'s Finances. ...
Holland v. Rosen, 070918 FED3, 17-3104
... "State"), "from taking any actions to enforce. statutory provisions [of the Reform Act] . . . that allow. imposition of severe restrictions on the pre-trial ... compared to personal suretyship. F.E. Devine, Commercial. Bail Bonding 4 (1991) (citing William Blackstone,. ...
- N.D.C.C. § 26.1-25-16 - Rebates prohibited - Exception
16 F.2d 847 (4th Cir. 1927), 2519, New Amsterdam Casualty Co. v. United States Shipping Board Emergency Fleet Corp., to Use of United States
... a detailed description of the property sold, and contained among others the following provisions, which are the ones material to the questions here involved, viz.:. 'Article ...338. For this reason, in the absence of express provision in the contract of suretyship, the surety is ordinarily not entitled to notice of default. Streeper v. Sewing Machine Co., 112 ...
Indiana Appellate Court Issues Pro-Creditor Decision Construing Personal Guaranty
...For this reason, one of the many suretyship defenses traditionally available to guarantors has been a defense if the creditor impairs the value ... under the principal contract; or (3) The guaranty was made pursuant to a contract provision; or (4) The principal contract does not become operative until the execution of a guaranty; or (5) ...
555 F.2d 577 (6th Cir. 1977), 76-1249, Federal's Inc. v. Edmonton Inv. Co.
... contract because the assignment converted the lease from an executory contract to a suretyship agreement, which is not an executory contract. It is clear that an unexpired lease .... ." 11 U.S.C. § 706(4). Relying on this provision, the district court concluded that the rule advanced by Federal's that a suretyship or guaranty ...