Kilpatrick v. McGill

Opinion by

Judge Cofer:

The rule which exonerates a surety in consequence of some act or omission on the part of the creditor is based on the peculiar nature of the contract and the relation between the parties.

Judge Strong says the contract of suretyship imports entire good faith and confidence between the parties, and treats the relation between the creditor and the surety as analogous to the relation between trustee and cestui que trust, guardian and ward, and partner and partner. Secs. 322, 323 and 324, Equity Jurisdiction. It is because of this relation that any act or omission on the part…