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1 W. Res. L. Rev. 75 (1949)
Guarantor Distinguished from Surety

handle is hein.journals/cwrlrv1 and id is 97 raw text is: NOTES

Looking back over the ten situations enumerated, it will be
seen that the facts of the McDonald case fit it into only three of
them. As applied to the third situation, where the defendant
occupies a room in a dwelling house, it may be said to have
broadened the pre-existing law. Previously the defendant could
complain   only if his room    had been searched. Under the
McDonald decision, if the concurring opinion is given full effect,
he may complain of a criminal intrusion into any portion of the
house. As applied to the fifth situation, where the defendant is
a casual visitor on the premises, the decision left the law unchanged.
As applied to situation ten, where defendant is tried jointly with
one whose rights were violated, the effect of the decision can not
be determined at this time; seemingly its immediate effect will
be to create confusion. The real importance of the case of
McDonald v. United States lies in the fact that it is the first
Supreme Court decision which has given any consideration to the
problem of who may complain of an unlawful search and seizure.
The total impression that one gains from reading it is that the
court desired to liberalize existing law so as to give greater scope
to the guarantees of the Fourth Amendment. Probably in the long
run this decision will tend to have that result. When future courts,
faced with a novel fact situation, are in doubt as to whether or
not defendant's rights have been violated by an unlawful search,
the liberalizing spirit of McDonald v. United States will act as
a lever to throw the judgment of the court in favor of the
Guarantor Distinguished from Surety
TE CONTRACT OF GUARANTY belongs to a family of similar and
closely related contracts wherein the rights and liabilities of the
parties depend in some way on another contractual relation or on
performance by another party. Some of these contracts are dis-
tinguishable by brief definition, but the relation between guaranty
and suretyship, with the concomitant necessity of recognizing two
distinct kinds of guaranty itself, has given rise to such confusion
both of terminology and of thought that a careful study seems
warranted. This is illustrated by four recent cases: one, In re Bitkert
Estate,' defines a guaranty as a direct promise by the guarantors
to pay, and not only to pay if the principal fails to do so .... This


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