Surety—Indemnity Bond Taken by Surety—Bight of Creditor to in Equity.—Under sections 1559 and 2854 of the Civil Code, where a surety has taken a counter-bond or security from the principal, the creditor is entitled to the benefit of it and may, in equity, subject such security to the satisfaction of his debt.

Id.—Undertaking to Pay Original Debt—Beimbursement of Surety. ■—There is a distinction made between the case where the indemnity bond to the surety consists of an undertaking to pay the original debt, or, as expressed in section 2854 of the Civil Code, is “for the performance of the obligation,” and the ease where it is simply an undertaking to repay to the surety such sum as he may be compelled to pay of the debt by reason of his obligation as surety therefor. Ik the latter class of cases there can be no breach of the counter-bond until the surety has paid something on the debt, and as it runs to the surety alone and is solely for his benefit, the creditor is not entitled to sue on it, or to subject it to the payment of his debt, in equity.

Id.—Bond Securing Surety on Appeal Bond—Promise to Pay Judgment if Affirmed—Judgment Creditor May Enforce.—An indemnity bond, taken by a surety on an undertaking given by ¡a judgment debtor on appeal to stay execution, in which the promisors agree to “pay such judgment as the court on appeal might award to the said plaintiff,” is, in effect, a promise to pay the judgment to the plaintiff if it was affirmed, and under section 1559 of the Civil Code may be enforced by him. Also, as it was security “for the performance of the obligation” on which the surety was bound, within the terms of section 2854 of that code, the plaintiff may compel its application to the satisfaction of the affirmed judgment.

Id.—Joint and Several Bond—One Promisor May be Sued Separately.—One of the promisors on a bond which is joint and several in form, may be sued separately thereon.