ACCESSORY CONTRACT

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ACCESSORY CONTRACT


ACCESSORY CONTRACT. One made for assuring the performance of a prior contract, either by the same parties, or by others; such as suretyship,mortgages, and pledges. 2. It is a general rule, that payment of the debt due, or theperformance of a thing required to be performed by the first or principalcontract, is a full discharge of such accessory obligation. Poth. Ob. part.1, c. 1, s. 1, art. 2, n. 14. Id. n. 182, 186. See 8 Mass. 551; 15 Mass.233; 17 Mass. 419; 4 Pick. 11; 8 Pick. 522. 3. An accessory agreement to guaranty an original contract, which isvoid, has no binding effect. 6 Humph. 261.

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