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§ 101. Release of persons secondarily liable

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 39 P.S. Insolvency and Assignments

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 39 P.S. Insolvency and Assignments (Refs & Annos)
Chapter 1. Assignments and Insolvency Proceedings
Act of 1901 and Later Acts
Powers and Duties of Assignee or Receiver
39 P.S. § 101
§ 101. Release of persons secondarily liable
In cases where the insolvent is primarily liable for a claim proved against his estate, a discharge of that liability, by the creditor accepting a dividend under this act, shall not operate to release or discharge any person secondarily liable for the same debt, contract, engagement or other liability, if the participating creditor shall have given such third party written notice and an opportunity to purchase the claim and subrogate himself to the rights of such creditor; but, in that event, such secondary liability shall remain, in like manner as if such discharge had not taken place; but, if the creditor does not give such notice, the discharge of the insolvent from primary liability shall also operate to discharge from liability the party secondarily liable.

Credits

1901, June 4, P.L. 404, § 34.
39 P.S. § 101, PA ST 39 P.S. § 101
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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