If a guaranty be made by one expressly in an official or special capacity, as attorney, executor, guardian, assignee, trustee, churchwarden, or the like; and the guarantor holds such office, and has a right to give the guaranty in his official capacity, then he is only bound in that capacity. But if he does not hold such office, or if he holds the office, but has no right to give the guaranty in that capacity, then he is personally liable, and such designation is merely surplusage, or words of description. (s)

(oo) Voltz v. Harris, 40 111. 155.

(op) Bowman v. Curd, 2 Bush, 565.

(p) Douglass v. Reynolds, 7 Pet. 114. But this demand and notice may be waived by the surety in his guaranty. Bickford v. Gibbs, 8 Cush. 154.

(q) Read v. Cutts, 7 Greenl. 186; Breed v. Hillhouse, 7 Conn. 523; contra, Greene v. Dodge, 2 Hamm. 498; Beebe v. Dudley, 6 Foster (N. H.), 259.

(r) Loveland v. Shepard, 2 Hill (N. Y.), 139; Van Derveer v. Wright, 6 Barb. 547. See also Blanchard v. Wood, 26 Me. 358; Day v. Elmore, 4 Wis. 190.

(s) Redhead v. Cator, 1 Stark. 14; Hall v. Ashurst, 1 Cr. & M. 714; Barren v. Jones, 3 B. & Ald. 47; Appleton v. Binks, 5 East, 148; Sumner v. Williams, 8 Mass. 162.

1 Gage v. Mechanics', etc. Bank, 79 HI. 62; Barker v. Scudder, 56 Mo. 272; Gam-mell v. Parramore, 58 Ga. 54.

2 A guarantor of the collection of a note cannot be sued until legal proceedings to enforce its collection have been taken against the maker of the note without effect. Bosnian v. Akeley, 39 Mich. 710. See French v. Marsh, 29 Wis. 649. A guaranty to pay a claim in case it "cannot be collected from the representatives of T., is valid without obtaining judgment and execution if the ordinary statutory remedy is pursued. Schmits v. Langhaar, 88 N. Y. 503.