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PROPOSED FINAL DRAFT, QUESTIONS SUGGESTED FOR DISC. [i] (May 6-9, 1941)

handle is hein.ali/relwsec0542 and id is 1 raw text is: The American Law Institute RESTATEMENT OF SECURITY Proposed Final Draft Questions Suggested for Discussion at Nineteenth Annual Meeting, May 6-9, 1941. Discussion is not confined to the questions pre- sented here. You are earnestly requested to raise any further points which occur to you. The Reporter suggests the following questions for particular attention by the Members of the Institute. 1. § 113. Should a creditor be bound by the inci- dents of suretyship where one originally a principal becomes a surety by subsequent dealings with a third party who assumes the principal duty ? 2. § 1410 (2). Upon the simple showing that a surety becomes a surety at the request of one already under a duty as surety to a creditor, is the subsequent surety a subsurety? 3. § 161. Where there is a statutory requirement that a public officer furnish an official bond with surety covering the duties of the officer, is the surety liable for any default of the officer even if his obligation does not cover all the duties? 4. § 168. Where a statute requires an official bond covering in general terms the duties of the officer and in the same or a different statute there is a require- ment of a special bond covering specific duties only, should the two statutory requirements in the absence of any language to this effect be interpreted as excus-

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