Right of the Surety. Meredith, a farmer, borrowed $5,000 from Farmer’s Bank and gave the bank $4,000 in bearer bonds to hold as collateral for the loan. Meredith’s neighbor, Peterson, who had known Meredith for years, signed as a surety on the note. Because of a drought, Meredith’s harvest that year was only a fraction of what it normally was, and he was forced to default on his payments to Farmer’s Bank. The bank did not immediately sell the bonds but instead requested $5,000 from Peterson. Peterson paid the $5,000 and then demanded that the bank give him the $4,000 in securities. Can Peterson enforce this demand? Explain.
This question was answered on: May 23, 2022
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