Since the guarantor's contract is usually collateral, and secondary to the principal's, a separate consideration is required to support the same. The consideration may move from either the principal, or the creditor to the guarantor. Where the guarantor's contract is made simultaneously with the principal's, one consideration may answer for the two,13 and the law only demands that there be a benefit or some consideration arising to the principal, although there i3 nothing to prevent the guarantor from also reaping a reward for the risk he undertakes under his contract of guaranty.

11 McMurray vs. Noyes, 72 N. Y., 524. 12 Curtis vs. Smallman, 14 Wend.

(N.Y.),231.

13 Hippach vs. McKeever, 166 HI., 136.

As to forbearance operating as a sufficient consideration, the courts of the United States generally adhere to the rule that mere forbearance alone is not sufficient to support the guarantor's contract, but that an agreement to forbear as well is essential,14 but it seems the English Courts hold that actual forbearance coupled with a request is alone sufficient to support the contract,15 notwithstanding there was lacking the promise to forbear.

The consideration must not be the doing of something that is against public policy, as this would render the contract itself illegal.