Norman v. Jackson Fertilizer Co.

Citations

• 79 Miss. 747

Syllabus

<p>1. SURETY. Principals cannot change into.</p> <p>One of several principal debtors cannot, by agreement among themselves, without consent of the creditor, be changed from a principal to a surety, so that he will be released by acts or omissions which release a surety.</p> <p>2. Partnership. Retiring partner. Others assuming liabilities.</p> <p>An agreement between partners that one of them shall retire from the co-partnership, and that those remaining will assume and discharge the partnership liabilities, unless consented to by the creditor, does not release the retiring partner from liability, nor change his liability from a principal into that of a surety.</p>