35. Is fraud practiced by the principal upon the promisor to a suretyship contract, a defense to the promisor in an action brought by the creditor?
36. In the absence of special statute can a promisor to a suretyship contract compel by notice a creditor to sue a principal?
37. Are surety companies favorites of the law?
38. Define subrogation.
39. Give an example of subrogation.
40. Define indemnity as applied to a suretyship contract.
41. A guarantees B's debt to C of $100.00 upon a promissory note. B defaults and A pays the debt. A then sues B for $100.00 upon the promissory note. Is this an example of indemnity or subrogation? May A sue B for $100.00 independently of the promissory note?
42. Define contribution.
43. A, B, and C guarantee B's debt to E of $300.00. D sues A and collects $100.00. Can A sue B and C for $33.33 each?