Union Indemnity Co. v. Freeman

Code, § 9564, appearing in the chapter on “Principal and Surety,” reads: “Sureties, whether bound on the contract or instrument with the principal debtor as joint, of joint and several obligors or promisors, or as accommodation drawers, acceptors, or indorsers of a bill of exchange, or in any other manner, are entitled to a summary judgment against their principal.”

Suretyship is the obligation to pay in case the primary debtor fails so to do accord-ing to the terms of the instrument. Principal and surety are parties to the contract. Craft v. Standard Accident Ins. Co., 220 Ala. 6, 123 So. 271.