Surety may require creditor to sue (§ 49-25)—Virginia Decoded

Surety may require creditor to sue

The surety, guarantor or endorser, or his committee or personal representative, of any person bound by any contract may, if a right of action has accrued thereon, require the creditor or his committee or personal representative, by notice in writing, to institute suit thereon, and if he be bound in a bond with a condition, or for the performance of some collateral undertaking, he shall also specify in such requirement the breach of the condition or undertaking for which he requires suit to be brought. Such written notice shall also notify the creditor, his committee or personal representative, that failure to act will result in the loss of the surety, guarantor or endorser, his committee or personal representative as security for the debt in accordance with § 49-26.

History

Code 1919, § 5774; 1979, c. 664.

Download

Court Decisions

. . . Sherman Paul Arthur, Jr. v. Donald E. Bordenkircher, . . . (Court of Appeals for the Fourth Circuit, 08/10/83)
. . . Richardson, 397 U.S. 759, 770-71, 90 S.Ct. 1441, 1448-49, 25 L.Ed.2d 763 (1970). Appellant argues . . .

. . . Larry Gene Bell v. Parker Evatt, Commissioner, South . . . (Court of Appeals for the Fourth Circuit, 12/18/95)
. . . Richardson, 397 U.S. 759, 770-71, 90 S.Ct. 1441, 1448-49, 25 L.Ed.2d 763 (1970)). And when . . .

. . . Gary Green v. Maurice P. Foley, Gary Green v. Maurice P. . . . (Court of Appeals for the Fourth Circuit, 10/14/88)
. . . the two notes. Pursuant to Va.Code Ann. Secs. 49-25 & 49-26 (1986), Green filed suit against . . .

Virginia Dept. of Corrections v. Clark (SCV, 06/15/84)
. . . Richardson, 397 U.S. 759, 770-71, 90 S.Ct. 1441, 1448-49, 25 L.Ed.2d 763 (1970); Gideon v. . . .

. . . Pens. Plan Guide P 23928m Brian G. West v. Clarke Murphy, . . . (Court of Appeals for the Fourth Circuit, 11/05/96)
. . . , 503 U.S. at 322-24, 112 S.Ct. at 1347-49. . . .

. . . Carol A. Brown v. Trans World Airlines Donald Oldt Trudy . . . (Court of Appeals for the Fourth Circuit, 10/06/97)
. . . See 512 U.S. at 261-62, 114 S.Ct. at 2248-49. . . .

COLONIAL AM. NAT. BANK v. Kosnoski (District Court, W.D. Virginia, 06/20/78)
. . . . . . .

Courson v. Simpson (SCV, 03/01/96)
. . . surety was discharged from its obligation by Code §§ 49-25 and -26,[1] after giving written notice . . .

. . . Robert M. Sneed, A/K/A Larry K. Sneed v. J. Richard Smith, . . . (Court of Appeals for the Fourth Circuit, 02/11/82)
. . . Richardson, 397 U.S. 759, 770-71, 90 S.Ct. 1441, 1448-49, 25 L.Ed.2d 763 (1970)). To meet this . . .

Kyser v. Apfel (District Court, W.D. Virginia, 01/19/00)
. . . plaintiff fees in the amount of $6,495.06 representing 49.25 hours of service at the adjusted rate . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.