“the guarantor is liable.”

Among the rulings of suretyship is that a person may guarantee someone’s identity. Suppose a man comes to borrow from another, and the creditor says, “I do not know you, so I will not lend you anything.” A third party then says, “I guarantee that you will know who he is”—meaning, “I will acquaint you with his person and his whereabouts.” In that case, the guarantor must produce the debtor if he later absents himself; merely stating the debtor’s name and address is not sufficient. Should the guarantor be unable to bring him while he is still alive, he becomes liable for the debt, for it was his assurance of acquaintance that induced the creditor to hand over the money. It is as though he had said, “I guarantee you his presence whenever you wish,” which places him under the same liability as one who says, “I guarantee you his very person.”