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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CONTRACTS AND CONTRACTUAL RELATIONS
Chapter : Chapter 433 Suretyship
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Any person bound as surety for another in any bond, bill or
note, for the payment of money or delivery of property, may, at any time
after an action has accrued thereon, require, in writing, the person
having such right of action forthwith to commence suit against the
principal debtor and other parties liable. (RSMo 1939 § 3318)
Prior revisions: 1929 § 2931; 1919 § 12687; 1909 § 11269
The notice required above shall be served by delivering a copy
thereof to the person having the right of action on the instrument, or
leaving a copy at his usual place of abode with some person of the family
over the age of fifteen years. (RSMo 1939 § 3320)
Prior revisions: 1929 § 2933; 1919 § 12689; 1909 § 11271
If such suit is not commenced within thirty days after the
service of such notice, and proceeded in with due diligence, in the
ordinary course of law, to judgment and execution, such surety shall be
exonerated from liability to the person so notified. (RSMo 1939 § 3319)
Prior revisions: 1929 § 2932; 1919 § 12688; 1909 § 11270
Sections 433.010 and 433.030 shall not extend to the bond of any
personal representative, guardian, conservator, officer or other person
given to secure the performance of the duties of his office, trust, place
of business, nor to any bond with a collateral condition, except bond
with conditions exclusively for the payment of money or the delivery of
property, or for the performance of any covenant or agreement for the
payment of money or delivery of property. (RSMo 1939 § 3321, A.L. 1983
S.B. 44 & 45)
Prior revisions: 1929 § 2934; 1919 § 12690; 1909 § 11272
When any bond, bill or note for the payment of money or delivery
of property shall not be paid by the principal debtor, according to the
tenor thereof, and such bond, bill or note, or any part thereof, shall be
paid by any surety thereto, the principal debtor shall refund to such
surety the amount or value so paid, with interest thereon at ten percent
per annum from the time of such payment. (RSMo 1939 § 3324)
Prior revisions: 1929 § 2937; 1919 § 12693; 1909 § 11275
When such payment by a surety shall be made in money, such
surety may recover the same, with the interest; and when such payment is
made in property, he may recover the value, with interest. (RSMo 1939 §
3325)
Prior revisions: 1929 § 2938; 1919 § 12694; 1909 § 11276
In all cases where judgment is given in any court, whether of
record or not, upon any bond, bill or note, for the payment of money or
delivery of property, against the principal debtor and any surety
therein, and such surety shall pay the judgment or any part thereof, he
shall be entitled, upon motion, to a judgment in the same court against
the principal debtor for the amount he has paid, with ten percent
interest thereon from the time of payment, together with costs. (RSMo
1939 § 3328)
Prior revisions: 1929 § 2941; 1919 § 12697; 1909 § 11279
No judgment shall be rendered, as is provided in section
433.070, unless the party applying therefor shall have given the adverse
party at least ten days' notice, in writing, of such motion, nor unless
such motion shall be made within one year after the rendering of the
original judgment. (RSMo 1939 § 3329)
Prior revisions: 1929 § 2942; 1919 § 12698; 1909 § 11280
If any person bound as principal or surety in any bill, note or
other instrument of writing for the direct payment of money dies, any
cosurety therein, or his legal representatives, may, in writing, at any
time within the time limited by law for presentation of demands against
estates of deceased persons, notify the person having the right of action
to proceed to action in the proper tribunal to secure judgment against
the estate of the deceased on account of such bill, note or other
instrument aforesaid. (RSMo 1939 § 3322)
Prior revisions: 1929 § 2935; 1919 § 12691; 1909 § 11273
If such action be not begun by the party having the right
thereof, within a reasonable time after being notified as above provided
so to do, and proceeded in with due diligence in the ordinary course of
law to a final determination of the issues, the surety giving such notice
shall be exonerated from liability to the person so notified; provided,
that two or more sureties may join in the same notice; provided further,
that the service of notice on the administrator or executor of the
estate, or the waiver thereof, shall be deemed to be the commencement of
such action within the meaning of sections 433.090 and 433.100. (RSMo
1939 § 3323)
Prior revisions: 1929 § 2936; 1919 § 12692; 1909 § 11274
When there are two or more sureties in any such bond, bill or
note, and any of them shall pay, in money or property, more than his due
portion of the original demand, such surety may recover such excess, as
herein provided for a surety against the principal debtor. (RSMo 1939 §
3326)
Prior revisions: 1929 § 2939; 1919 § 12695; 1909 § 11277
No such surety shall be compelled, in any action, to pay more
than his due proportion of the original demand; and when such surety
shall have previously paid any portion thereof, he shall be liable to pay
only so much as the amount already paid by him falls short of his due
proportion of the original demand. (RSMo 1939 § 3327)
Prior revisions: 1929 § 2940; 1919 § 12696; 1909 § 11278
Any person bound as surety in any bond given by any officer,
including personal representatives, guardians, conservators, assignees,
receivers, trustees and depositaries to secure the faithful performance
of the duties of such officer, may, on his petition in writing addressed
to the court authorized by law, for the time being, to take and approve
such official bond, be discharged from all future liability on such
official bond. (RSMo 1939 § 3330, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2943; 1919 § 12699; 1909 § 11281
CROSS REFERENCE: Sureties on collector's bond may be discharged, when,
RSMo 52.100
The petition shall set forth the facts upon which the
application for a discharge is founded, and shall be verified by the
affidavit of the petitioner thereto annexed. (RSMo 1939 § 3331)
Prior revisions: 1929 § 2944; 1919 § 12700; 1909 § 11282
A notice in writing of such intended application, together with
a copy of the petition, shall be personally served on the principal in
the bond, at least fifteen days before the making of the application.
(RSMo 1939 § 3332)
Prior revisions: 1929 § 2945; 1919 § 12701; 1909 § 11283
If the principal in the bond shall be absent from the state for
the period of six months, the publication of the notice and petition in
some newspaper printed in this state, for four weeks successively, shall
be sufficient service of the notice. (RSMo 1939 § 3333)
Prior revisions: 1929 § 2946; 1919 § 12702; 1909 § 11284
The court to whom the petition is addressed shall hear the
application, and may, on examination thereof, in its discretion, make an
order requiring the principal in such bond to give a new bond, with
sureties for the performance of his official duties. (RSMo 1939 § 3334)
Prior revisions: 1929 § 2947; 1919 § 12703; 1909 § 11285
If such bond be given, it shall be taken, approved and filed in
the same manner that the official bond of such officer is required by
law, for the time being, to be taken, approved and filed. (RSMo 1939 §
3335)
Prior revisions: 1929 § 2948; 1919 § 12704; 1909 § 11286
When such new bond is taken, approved and filed, it shall
immediately operate as a discharge of all the sureties in the former bond
from all liability arising from any subsequent misconduct or default of
the principal therein, and such sureties shall thenceforth be liable on
such bond only for such breaches thereof as shall have happened prior to
the taking, approving and filing of the new bond. (RSMo 1939 § 3336)
Prior revisions: 1929 § 2949; 1919 § 12705; 1909 § 11287
If such principal shall neglect or refuse to give such new bond,
with sureties, within sixty days after making such order, his office,
trust, power and authority shall thenceforth be vacated, cease and
determine; and the court making such order, or having the power to take
such new bond, shall forthwith certify such vacancy to the court or
officer having power to appoint a successor, and such vacancy shall be
immediately supplied according to law. (RSMo 1939 § 3337)
Prior revisions: 1929 § 2950; 1919 § 12706; 1909 § 11288
Any person bound as surety in any bond given by any officer to
secure the faithful performance of his duties, who shall pay any money
which he shall have been liable to pay by reason of such bond, shall have
the same right and remedy against his principal and cosureties as is
provided in this chapter against principals and cosureties in bonds,
bills and notes, for the payment of money or delivery of property. (RSMo
1939 § 3338)
Prior revisions: 1929 § 2951; 1919 § 12707; 1909 § 11289
The remedies given by this chapter may be maintained by and
against executors and administrators, in all cases where they could be
maintained by or against their testators or intestates, if they were
living. (RSMo 1939 § 3339)
Prior revisions: 1929 § 2952; 1919 § 12708; 1909 § 11290
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