Boyd v. Bell

Citations

• 69 Tex. 735
• 7 S.W. 657
• 1888 Tex. LEXIS 929

Syllabus

<p>1. Principal and Surety — Administration.—Since the adoption of the Bevised Statutes the common law must be looked to in ascertaining the liability of the personal representation of a deceased joint obligor; at common law he is discharged, and if he be a surety his estate can not be liable for the debt. If, however, the surety participates in the consideration for which the joint obligation was made, his estate is liable. If the consideration for which the joint obligation was given was the discharge of a prior obligation on which the sui ety was liable, such discharge would be sufficient to render the estate of the surety liable.</p>