McConnon v. Richardson

Citations

• 117 Miss. 345
• 78 So. 292

Syllabus

<p>1. PRINCIPAL and Surbty. Relationship. Construction of contract.</p> <p>Under the contract in this case as set out in its opinion the court held, that the agreement was an original promise on the part of the guarantors or sureties to answer for the debt or default of the principal obligor and that their liability was exactly the same as his. That the promise of the sureties was joint and several with their principal.</p> <p>2. Same.</p> <p>In a suit on such contract there was no duty resting upon plaintiff - to allege the insolvency of the principal, since the agreement was not as to the solvency of the principal hut that the debt would he paid.</p>