Effective - 28 Aug 1939
433.100. Failure to prosecute such action exonerates surviving surety. — If such action be not begun by the party having the right thereof, within a reasonable time after being notified as above provided so to do, and proceeded in with due diligence in the ordinary course of law to a final determination of the issues, the surety giving such notice shall be exonerated from liability to the person so notified; provided, that two or more sureties may join in the same notice; provided further, that the service of notice on the administrator or executor of the estate, or the waiver thereof, shall be deemed to be the commencement of such action within the meaning of sections 433.090 and 433.100.
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(RSMo 1939 § 3323)
Prior revisions: 1929 § 2936; 1919 § 12692; 1909 § 11274
Structure Missouri Revised Statutes
Title XXVIII - Contracts and Contractual Relations
Section 433.010 - Surety may require obligee to sue principal — notice.
Section 433.020 - Notice, how served.
Section 433.030 - Surety shall be discharged, when.
Section 433.040 - Sureties may not require suit against principal in fidelity bond.
Section 433.050 - Interest due on amount paid by surety.
Section 433.060 - Remedy of surety.
Section 433.070 - Surety entitled to judgment against principal on motion, when.
Section 433.080 - Judgment on motion — proceedings.
Section 433.100 - Failure to prosecute such action exonerates surviving surety.
Section 433.110 - Contribution between sureties.
Section 433.120 - Liability of surety limited.
Section 433.130 - Surety discharged from future liability, when, how.
Section 433.140 - Petition — contents.
Section 433.150 - Notice of application.
Section 433.160 - Notice by publication.
Section 433.170 - Duties of the court.
Section 433.180 - New bond, how taken.
Section 433.190 - Effect on new bond.
Section 433.200 - Failure to give new bond, proceedings.
Section 433.210 - Remedy of surety.
Section 433.220 - Remedies against executors and administrators, when.