Involuntary Suretyship Law and Legal Definition

Involuntary suretyship means a suretyship that arises accidentally, when the chief object of the contract is to achieve some other purpose. In Shipley v. Baillie, 250 Neb. 88 (Neb. 1996), the court observed that “A suretyship, known as "involuntary suretyship," may arise, without any contract being expressed in positive terms of suretyship, or any actual intent to form that relationship, out of a contract whose chief object is to accomplish some purpose other than that of becoming liable for the debt, default, or miscarriage of another, but which, by implication of law incidentally, has that effect, by reason of the position which the parties have assumed toward each other or toward the property out of which the debt or obligation due to the obligee is paid.”