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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 CONCLUSION 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 defendant. MILTON D. HOLMES 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 19491

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