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When Surety Estopped to Deny Recitals of Facts in Written Obligation


WHEN SURETY ESTOPPED TO DENY RECITALS OF FACTS IN WRITTEN OBLIGATION. "The general rule is that sureties are estopped to deny the facts recited ,n the obliga tions signed by them, and this whether the recitals are true or false in fact. Having once solemnly alleged the existence of the facts they cannot after wards be heard to deny it." Likewise sureties on notes or bonds executed to a corporation or partnership are estopped from deny ing the legal existence of such corporation or partnership. (Jackson v. Foote, 12 Fed. Rep., 37.) And a surety on a bond is held estopped from deny ing liability because the bond is different from what he thought it was, where he was not prevented from reading the same by the fraud of the obligee. (Johnston ct al. v. Patterson, 114 Pa. St., 398.) But in some cases the surety is not estopped from denying the facts stated in his obligation. Thus in a suit upon a township bond, which recited that the officers executing it had been authorized so to do, the township was not estopped from showing that no such authority had been given. (Hudson v.

Inhab. of Winslow, 6 Vroom [N. J.], 437.) So where the bond of an officer is sued upon, the surety is not estopped from setting up the fact that the ap pointment of the officer was void or illegal. (Thomas v. Burrus, 23 Miss.,55o; Tinsley v. Kirby, 17 S.C., I.)

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