WVC 45 - 1 - 2
§45-1-2. Discharge of surety, guarantor or indorser by failure of
creditor to sue.
If such creditor or his committee or representative shall
not, within a reasonable time after such notice, institute suit
against every party to such contract who is a resident in this
state, and not insolvent, and prosecute the same with due
diligence to judgment and by execution, he shall forfeit his
right to demand of such surety, guarantor or indorser or his
estate, and all his cosureties and their estates, the money due
by any such contract for the payment of money, or the damages
sustained by any breach of the collateral condition or
undertaking specified as aforesaid. But the conditions, rights,
and remedies against the principal debtor shall remain unimpaired
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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