North Dakota Century Code
N.D. Cent. Code § 22-01-15 (2026)
When guarantor exonerated
✓ current as of May 2026
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A guarantor is exonerated, except insofar as the guarantor may be indemnified by the principal, if, by any act of the creditor without the consent of the guarantor:
1. The original obligation of the principal is altered in any respect; or
2. The remedies or rights of the creditor against the principal in respect thereto are impaired or suspended in any manner. \n
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1972–2021 · leading case: State Bank of Towner, Inc. v. Rauh, 288 N.W.2d 299 (N.D. 1980).
State Bank of Towner, Inc. v. Rauh, 288 N.W.2d 299 (N.D. 1980). “NDCC § 22-01-15 provides in relevant part, as follows: “When guarantor exonerated.”
State v. Noorlun, 2005 ND 189 (N.D. 2005). “2d at 416-17 , the issue was whether a guarantor’s obligation under an initial promissory note was exonerated under N.D.C.C. § 22-01-15 when the debtor executed a second note without a guarantee by the guarantor.”
First Nat'l Bank & Trust Co. of Bismarck v. Hart, 267 N.W.2d 561 (N.D. 1978). “That the provisions of Section 22-01-15 NDCC apply to this form of proceeding and as construed by the Supreme Court of the State of North Dakota in *564 AMF, Inc.”
Rosenberg v. Son, Inc., 491 N.W.2d 71 (N.D. 1992). “The trial court decided pursuant to guaranty statutes, Section 22-01-15, N.D.C.C., and case law, Tri-Continental Leasing Corp.”
Liberty Nat'l Bank & Trust Co. v. Dvorak, 199 N.W.2d 414 (N.D. 1972). “Having determined that the note of June 26, 1970, was not a renewal of the earlier note, we must examine the applicable law, namely, § 22-01-15 of the North Dakota Century Code to determine the effect of the second note: 22-01-15, N.”
Gen. Elec. Credit Corp. of Tennessee v. Larson, 387 N.W.2d 734 (N.D. 1986). “Larson and Wright claimed that GECC’s settlement with Midwest “in full satisfaction” of the debt operated to discharge their liability as guarantors pursuant to § 22-01-15, N.D.C.C. GECC contended that Larson and Wright waived their right to exoneration and discharge by virtue…”
Wallwork Lease & Rental Co., Inc. v. Decker, 336 N.W.2d 356 (N.D. 1983). “The trial court concluded that these alterations of the original obligation underlying the guaranty exonerated Kathy of any liability on the guaranty pursuant to § 22-01-15, NDCC. The court further found that there was no genuine issue of material fact, and granted judgment in…”
Amf, Inc. v. Fredericks, 212 N.W.2d 834 (N.D. 1973). “With regard to the principal issue involved in the instant case — that of exoneration of guarantors — we begin with the relevant North Dakota statute, § 22-01-15, N.D.C.C., which provides: “When guarantor exonerated.”
Sterling Dev. Grp. Three, LLC v. Carlson, 2015 ND 39 (N.D. 2015). “As this Court has observed, the materiality of an alteration of a principal’s obligation is irrelevant; under N.D.C.C. § 22-01-15, a guarantor is exonerated if the creditor alters the principal’s original obligation “in any respect” without the guarantor’s consent.”
Trinity Med. Ctr., Inc. v. Rubbelke, 389 N.W.2d 805 (N.D. 1986). “Under Section 22-01-15, N.D. C.C., an alteration of the original obligation of the principal exonerates the guarantor of any remaining liability, except where the right of recourse against the guarantor is expressly reserved.”
Tri-Cont'l Leasing Corp. v. Gunter, 472 N.W.2d 437 (N.D. 1991). ““Pursuant to section 22-01-15 NDCC, the original obligation of the principal having been altered, the guarantors are exonerated.”
AG Servs. of Am., Inc. v. Midwest Inv. Ltd. P'ship, 1998 ND 189 (N.D. 1998). “” Relying on N.D.C.C. § 22-01-15 and Tri-Continental Leasing Corp.”
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