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When the Surety May Be Sued Jointly with the Principal


WHEN THE SURETY MAY BE SUED JOINTLY WITH THE PRINCIPAL. If the principal and surety are jointly liable on the same contract, they may be sued jointly, though the fact of the one being a surety appears on the instrument, as where a note reads "I promise" and is signed by the principal and another who adds "surety" to his name. (Dart v. Sherwood, 7 Wis., 523; Craddock v. Armor, to Watts, 258.) Where the wording of the surety's promise shows that his liability is distinct from and collateral to that of the principal, as where the words are "in case of non-payment," or "not being fulfilled" on the part of the principal, the surety cannot be sued jointly with the principal. (Cross v. Ballard, 46 Vt., 415; Virden v. Ellsworth, 15 Ind.,