Tooke v. Taylor

Citations

• 31 Tex. 1

Syllabus

<p>By our statute the maker, the surety, the indorser, and even the guarantor of a promissory note, may. all he sued in the same action, and judgment had against the whole of them; which thereupon makes them all principals, and equally bound to the plaintiff for the satisfaction of that judgment.</p> <p>Our statute authorizes suit against the maker and indorser at the same time; but it distinctly recognizes the nature of the contract, according to the law merchant, by interdicting judgment against the indorser, unless judgment be rendered at the same time against the maker. So also as to sureties and guarantors. (Paschal’s Dig., Art. 1426, Note 535.)</p> <p>The liability of an indorser having been fixed, he is not discharged by a third party becoming guarantor.</p>