|n.||1.||The state of being sure; certainty; security.|
|2.||That which makes sure; that which confirms; ground of confidence or security.|
|3.||Security against loss or damage; security for payment, or for the performance of some act.|
|4.||(Law) One who is bound with and for another who is primarily liable, and who is called the principal; one who engages to answer for another's appearance in court, or for his payment of a debt, or for performance of some act; a bondsman; a bail.|
|5.||Hence, a substitute; a hostage.|
|6.||Evidence; confirmation; warrant.|
|v. t.||1.||To act as surety for.|
|Noun||1.||surety - something clearly established|
|2.||surety - property that your creditor can claim in case you default on your obligation; "bankers are reluctant to lend without good security"|
|3.||surety - a prisoner who is held by one party to insure that another party will meet specified terms|
|4.||surety - one who provides a warrant or guarantee to another|
|5.||surety - a guarantee that an obligation will be met|
SURETY, contracts. A person who binds himself for the payment of a sum of
money or for the performance of something else, for another, who is already
bound for the same. A surety differs from a guarantor, and the latter cannot
be sued until after a suit against the principal. 10 Watts, 258.
2. The surety differs from bail in this, that the latter actually has, or is by law presumed to have, the custody of his principal, while the former has no control over him. The bail may surrender his principal in discharge of his obligation; the surety cannot be discharged by such surrender.
3. In Pennsylvania it has been decided that the creditor is bound to sue the principal when requested by the surety, and the debt is due; and that when proper notice is given by the surety that unless the principal be sued, be will consider himself discharged, he will be so considered, unless the principal be sued. 8 Serg. & Rawle, 116; 15 Serg. & Rawle, 29, 30; S. P. in Alabama, 9 Porter, R. 409. But in general a creditor may resort to the surety for the payment of his debt in the first place, without applying to the principal. 1 Watts, 28O; 7 Ham. part 1, 223. Vide Bouv. Inst. Index, h.t.; Contribution; Contracts; Suretyship.