§ 22-01-05 — When a guaranty need not be in writing

A promise to answer for the obligation of another in any of the following cases is deemed an
original obligation of the promisor and need not be in writing:
1. When the promise is made by one who has received property of another upon an
undertaking to apply it pursuant to such promise, or by one who has received a
discharge from an obligation in whole or in part in consideration of such promise.
2. When the creditor parts with value or enters into an obligation in consideration of the
obligation in respect to which the promise is made, in terms or under circumstances
which render the party making the promise the principal debtor and the person in
whose behalf it is made the debtor's surety.
3. When the promise, being for an antecedent obligation of another, is made upon the
consideration that the party receiving it shall cancel the antecedent obligation and
accept the new promise as a substitute therefor, or upon the consideration that the
party receiving it shall release the property of another from a levy under an execution
on a judgment obtained upon the antecedent obligation, or upon a consideration
beneficial to the promisor, whether moving from either party to the antecedent
obligation or from another person.
4. When a factor undertakes, for a commission, to sell merchandise and guarantee the
sale.
5. When the holder of an instrument for the payment of money upon which a third person
is or may become liable to the holder transfers the instrument in payment of a
precedent debt of the holder's, or for a new consideration, and in connection with such
transfer, enters into a promise respecting such instrument.