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Who May Become a Surety or Guarantor


WHO MAY BECOME A SURETY OR GUARANTOR. In addition to natural per sons of the requisite capacity, surety companies, or corporations authorized by statute to guaranty bonds and undertakings or the fidelity of officers in positions of public or private trust, may become sureties or guarantors. (Cramer v. Tittle, 72 Cal., 12; Hurd v. Hannibal, etc., R. R. Co., 33 Hun., 109.) And individuals becoming guarantors or sureties contrary to a statute or rule of court will be bound by their obligations. Thus an attorney would be bound by his contract though the statute or rule of court forbade attorneys from becoming sureties. (Tessier v. Crowley, 17 Nebr., 207; Kohn Bros. v. Washer, 69 Tex., 67.) And a non-resident accepted as bail contrary to the statute was held bound by his contract. (Corn. v. Ramsay. 2 Duvall, Ky., 386.) Married women cannot become sureties for their husbands or strangers in the absence of enabling statutes, and in general a married woman cannot charge her separate equitable estate by becoming a surety. (Yale v. Dederer, 18 N. Y., 265; Curtan v. David, i8 Nev., 310.) But where the enabling statute allows her to contract as a ftme sole, or for any lawful purpose, she may become surety. (Mayo v. Hutchinson, 57 Me., 546; Low v. Ander son, 41 Ia., 476.) In a few States statutes have been passed providing that a married woman cannot bind her estate by a contract of suretyship. (Nixon v. Whitely, 102 Ind., 36o; Beatie v. Calhoun, 73 Ga., 269; Sweaty v. Kammer, 51 Ia., 642.)

statute and sureties