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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

003

:
Commercial Paper











 

§

3-119. Notice of right to defend action

In an action for

breach of an obligation for which a third person is answerable over pursuant to

this article or Article 4 of this title, the defendant may give the third

person written notice of the litigation, and the person notified may then give

similar notice to any other person who is answerable over. If the notice states

(i) that the person notified may come in and defend and (ii) that failure to do

so will bind the person notified in an action later brought by the person

giving the notice as to any determination of fact common to the two

litigations, the person notified is so bound unless after seasonable receipt of

the notice the person notified does come in and defend. (Added 1993, No. 158

(Adj. Sess.), § 12, eff. Jan. 1, 1995.)