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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 17.001. Suit on Contract with Several Obligors or Parties Conditionally Liable

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided by this section, the acceptor of a bill of exchange or a principal obligor on a contract may be sued alone or jointly with another liable party, but a judgment may not be rendered against a party not primarily liable unless judgment is also rendered against the principal obligor.

(b) The assignor, endorser, guarantor, or surety on a contract or the drawer of an accepted bill may be sued without suing the maker, acceptor, or other principal obligor, or a suit against the principal obligor may be discontinued, if the principal obligor:

(1) is a nonresident or resides in a place where he cannot be reached by the ordinary process of law;

(2) resides in a place that is unknown and cannot be ascertained by the use of reasonable diligence;

(3) is dead;  or

(4) is actually or notoriously insolvent.

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 17.001. Suit on Contract with Several Obligors or Parties Conditionally Liable - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-17-001/

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