Where a surety's obligation is to answer for the acts or obligations of several persons he will not be liable for the act of one of the several persons alone.11 So a surety whose liability is limited to the acts of one person cannot be held liable for the acts of that person acting with others.12

This is simply another application of the rule that a surety is not to be bound beyond the express terms of the contract. And one who guarantees against loss for merchandise sold to a partnership will not be liable for goods sold to the partnership after the membership of the firm has been changed.13 The partnership as changed is not in law the partnership existing before the change in its membership. So where a note is signed by a surety, with the maker thereof, to be used for a particular purpose, and the principal diverts the note from that purpose and the transferee has notice of that fact, the surety was held not to be bound.14 This was in other words held to be a departure from the contract as made.

One who consents to be liable as a surety for a particular purpose, cannot be presumed to have intended that his liability for the amount be extended for any other purpose, than the one stated in the contract.

10 McGhee vs. Importers & Traders Nat. Bank, 93 Ala., 192. 11 Bill vs. Parker, 15 Gray, 62.

12 White Sewing Machine Co. vs.

Hines, 61 Mich., 423. 13 In re Cinque, 109 Fed. Rep., 455. 14 Brown vs. Tabor, 5 Wend., 566.