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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 10. COMMERCE AND TRADE |
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Chapter 7. SURETYSHIP |
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Article 3. RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS |
| § 10-7-40. Attachment against principal |
| § 10-7-41. Action for money paid, interest, and costs -- Right of surety or endorser |
| § 10-7-42. Action for money paid, interest, and costs -- Effect of judgment against surety |
| § 10-7-43. Action for money paid, interest, and costs -- Recovery of usury paid by surety |
| § 10-7-44. Foreclosure of mortgage or enforcement of security given by principal |
| § 10-7-45. Proof of suretyship -- By parol |
| § 10-7-46. Proof of suretyship -- After judgment |
| § 10-7-47. Control of execution and judgment by surety -- Subrogation to plaintiff's rights |
| § 10-7-48. Control of execution and judgment by surety -- When sued separately |
| § 10-7-49. Payment pending action; judgment for plaintiff for use of surety |
| § 10-7-50. Compelling contribution -- After paying more than equal share; effect of surety's insolvency |
| § 10-7-51. Compelling contribution -- Interest on sum recovered as contribution |
| § 10-7-52. Compelling contribution -- Duty to account for indemnification from principal; compelling transfer of security from principal |
| § 10-7-53. Compelling contribution -- Controlling action on debt and judgments therein |
| § 10-7-54. Endorser's right to control judgment on debt and execution thereon |
| § 10-7-55. Protection of bona fide purchasers when surety controls judgment |
| § 10-7-56. Subrogation to rights of creditor -- Priority of claim |
| § 10-7-57. Subrogation to rights of creditor -- As to securities held by creditor |
REFS & ANNOS
TITLE 10 Chapter 7 Article 3 NOTE
RESEARCH REFERENCES
ALR. --Incapacity of principal to contract as affecting liability of guarantor or surety, 24 ALR 838; 43 ALR 589.
Duty of bank to sureties or endorsers as to application of general deposit by principal, 70 ALR 339.
Right of surety or one secondarily liable to bring an action before payment of obligation to set aside fraudulent conveyances by principal, 71 ALR 354.
Right of sureties on bond to take advantage of noncompliance with statutory requirement as to approval of bond, 77 ALR 1479.
Liability of surety on subcontractor's bond to principal contractor for public improvement or to his surety, in respect of claims for labor or materials furnished to subcontractor, 117 ALR 662.
Right of principal, cosureties, or coguarantors to benefit of discount at which obligation is purchased or discharged by a surety or guarantor, 118 ALR 416.
Right of surety on bond of trustee, executor, administrator, or guardian to terminate liability as regards future defaults of principal, 118 ALR 1261; 150 ALR 485.
Right of surety on fidelity bond to allowance or refund where obligee makes recovery from principal or other sources, 126 ALR 946.
Basis upon which surety paying part of creditor's claim may participate in dividends from insolvent estate of principal, where other part of claim is paid by proceeds of collateral security or by prior dividends, 138 ALR 517.
Release of one of joint and several defalcating tortfeasors as releasing insurer which was surety on fidelity bond of each, 35 ALR2d 1122.
Relative rights, as between surety on public work contractor's bond and unpaid laborers or materialmen, in percentage retained by obligee, 61 ALR2d 899.
Computation of net "loss" for which fidelity insurer is liable, 5 ALR5th 132.
ALR. --Incapacity of principal to contract as affecting liability of guarantor or surety, 24 ALR 838; 43 ALR 589.
Duty of bank to sureties or endorsers as to application of general deposit by principal, 70 ALR 339.
Right of surety or one secondarily liable to bring an action before payment of obligation to set aside fraudulent conveyances by principal, 71 ALR 354.
Right of sureties on bond to take advantage of noncompliance with statutory requirement as to approval of bond, 77 ALR 1479.
Liability of surety on subcontractor's bond to principal contractor for public improvement or to his surety, in respect of claims for labor or materials furnished to subcontractor, 117 ALR 662.
Right of principal, cosureties, or coguarantors to benefit of discount at which obligation is purchased or discharged by a surety or guarantor, 118 ALR 416.
Right of surety on bond of trustee, executor, administrator, or guardian to terminate liability as regards future defaults of principal, 118 ALR 1261; 150 ALR 485.
Right of surety on fidelity bond to allowance or refund where obligee makes recovery from principal or other sources, 126 ALR 946.
Basis upon which surety paying part of creditor's claim may participate in dividends from insolvent estate of principal, where other part of claim is paid by proceeds of collateral security or by prior dividends, 138 ALR 517.
Release of one of joint and several defalcating tortfeasors as releasing insurer which was surety on fidelity bond of each, 35 ALR2d 1122.
Relative rights, as between surety on public work contractor's bond and unpaid laborers or materialmen, in percentage retained by obligee, 61 ALR2d 899.
Computation of net "loss" for which fidelity insurer is liable, 5 ALR5th 132.