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Accessory contract

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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 the performance of a thing required to be performed by the first or principal contract, 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 is void, has no binding effect. 6 Humph. 261.



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