from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
OBLIGOR or DEBTOR. The person who has engaged to perform some obligation.
Louis. Code, art. 3522, No. 12. The word obligor, in its more technical
signification, is applied to designate one who makes a bond.
2. Obligors are joint and several. They are joint when they agree to
pay the obligation jointly, and then the survivors only are liable upon it
at law, but in equity the assets of a deceased joint obligor may be reached.
1. Bro. C. R. 29; 2 Ves. 101; Id. 371. They are several when one or more
bind themselves each of them separately to perform the obligation. In order
to become an obligor, the party must actually, either himself or by his
attorney, enter into the obligation, and execute it as his own. If a man
sign and seal a bond as his own, and deliver it, he will be bound by it,
although his name be not mentioned in the bond. 4 Stew. R. 479; 4 Hayw R.
239; 4 McCord, R. 203; 7 Cowen; R. 484; 2 Bail. R. 190; Brayt. 38; 2 H. & M.
398; 5 Mass. R. 538; 2 Dana, R. 463; 4 Munf. R. 380; 4 Dev. 272. When the
obligor signs between the penal part and the condition, still the latter
will be a part of the instrument. 2 Wend. Rep. 345; 3 H. & M. 144.
3. The execution of a bond by the obligor with a blank, and a verbal
authority to fill it up, and it is afterwards filled up, does not bind the
obligor, unless it is redelivered, or acknowledged or adopted. 1 Yerg. R. 69
149; 1 Hill, Rep. 267; 2 N. & M. 125; 2 Brock. R. 64; 1 Ham. R. 368; 2 Dev.
R. 369 6 Gill. & John. 250; but see contra, 17 Serg. & R. 438; and see 6
Serg. & Rawle, 308; Wright, R. 742.