433.090. Cosurety may demand that judgment be obtained against estate of deceased surety or principal.

Cosurety may demand that judgment be obtained against estate ofdeceased surety or principal.

433.090. If any person bound as principal or surety in anybill, note or other instrument of writing for the direct paymentof money dies, any cosurety therein, or his legalrepresentatives, may, in writing, at any time within the timelimited by law for presentation of demands against estates ofdeceased persons, notify the person having the right of action toproceed to action in the proper tribunal to secure judgmentagainst the estate of the deceased on account of such bill, noteor other instrument aforesaid.

(RSMo 1939 § 3322)

Prior revisions: 1929 § 2935; 1919 § 12691; 1909 § 11273