448 Note with Two Makers, One being in Fact a Surety— Right of
Description
This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
448 Note with Two Makers, One being in Fact a Surety— Right of
Surety to Compel Suit.
Question 457.— C and Company hold a joint note of A and B, which is dishonoured. Can B, who is in fact a surety for A, compel the holders to sue A for the amount?
Answer.—Yes, if the holder will not accept the amount from the surety and put him in a position to sue the principal debtor, the surety can compel the holder to sue.
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