87-5-3 - Surety paying or tendering the debt. - Mississippi Statutes

§ 87-5-3. Surety paying or tendering the debt.
 

When any person who is bound as surety or indorser for another on any writing, for the payment of money or other thing, which shall remain unpaid, in whole or in part, by the principal debtor, after the maturity thereof, shall pay or tender to the creditor or holder of such writing the amount due thereon, the creditor or holder shall assign such writing to the surety or indorser paying or tendering the money or other thing due; and such assignee may have an action in his own name against the principal debtor upon the writing, to recover the amount paid in satisfaction of it. 
 

Sources: Codes, Hutchinson's 1848, ch. 39, art. 1 (10); 1857, ch. 46, art. 3; 1871, § 2259; 1880, § 999; 1892, § 3277; 1906, § 3732; Hemingway's 1917, § 2908; 1930, § 2958; 1942, § 254.