J. S. Hamilton & Co. v. Catchings & Co.

Citations

• 58 Miss. 92

Syllabus

<p>1. Bill of Exchange. Accommodation acceptor. Suit, where brought.</p> <p>Under sect. 2237 of the Code of 1871, which provides that an action founded on a bill of exchange shall be brought in the count}' where the party first liable thereon resides, the acceptor of such bill should be sued thereon in the county of his residence, notwithstanding he is a mere accommodation acceptor and the drawer of the bill is living and resident in a different county of this State. And the fact that the holder of the bill sued on, being the payee thereof, knew at the time of the acceptance that it was done as an accommodation for the drawer, does not alter the attitude of the acceptor as the party primarily liable for the debt. As to what party is primarily liable on such paper, that is determined by the face of the paper itself.</p> <p>2. Same. What parties sued. Who can object to omission.</p> <p>Although sect. 2237 of the Code of 1871 requires that, in an action on a bill of exchange, all of the parties liable thereon shall be sued in a join? action, those primarily liable cannot object that this has not been done, the provision being only intended for the benefit of those secondarily liable.</p>