22-01-08. Guaranty of solvency - Failure to take proceedings to collect - Removal of
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/nd/title-22/chapter-22-01-guaranty/22-01-08·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
principal from state.
A guaranty to the effect that an obligation is good or is collectible imports that the debtor is solvent and that the demand is collectible by the usual legal proceedings if the same are taken with reasonable diligence. Such a guaranty is not discharged by any omission to take proceedings upon the principal debt or upon any collateral security for its payment if no part of the debt could have been collected thereby. The removal of the principal from the state, leaving no property therein from which the obligation might be satisfied, is equivalent to the insolvency of the principal in its effect upon the rights and obligations of the guarantor.