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Duquesne Law Review

1981

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The "Surety" And Article 3: A New Identity For An Old Friend, Raymond A. Noble Jan 1981

The "Surety" And Article 3: A New Identity For An Old Friend, Raymond A. Noble

Duquesne Law Review

The focus of this article is on the sections of Article 3 of the Uniform Commercial Code that purportedly pertain to sureties. The author examines these sections, and the comments thereto, to determine if they can be reconciled with common-law surety concepts. The operative consideration, he contends, is the existence of a party's "right of recourse," a consideration which most courts, unfortunately, have neglected in their analyses.