Is a defendant not entitled to be a surety?
Saskatchewan, Canada
The following excerpt is from Harris v. Ferguson, 1922 CanLII 181 (SK CA):
In Strong v. Poster, 17 C.B. 201, 25 L.J.C.P. 106 (139 E.R. 1047) Willes, J., at p. 1056, said: The result seems to be, that, here, if evidence is admissible to show that the defendant signed the note as surety, it must also be shown that the bankers agreed to accept him as such; and consequently, that, in the present case, where there was no such evidence, the defendant is not entitled to be treated as a surety, and the defence does not arise.
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