Legal Opinion

Miller v. Sawyer

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 6 opinions

Appeal from the decree of the court of chancery. The facts in the case sufficiently appear in the opinion of the court. The chancellor dismissed the bill, and the orator appealed. 1. a. The doctrine of contribution among co-sureties is not founded upon contract, but is the result of a general equity, on the ground of equality of burden and benefit.

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Appeal from the decree of the court of chancery. The facts in the case sufficiently appear in the opinion of the court. The chancellor dismissed the bill, and the orator appealed. 1. a. The doctrine of contribution among co-sureties is not founded upon contract, but is the result of a general equity, on the ground of equality of burden and benefit. “ Qui sensit commodum sentire debet et onus; 1 Story’s Equity, sec. 493, p. 472; Burge on Suretyship; Deering v. Earl of Winchelsea, 2 Bos. & P. 270 ; Fletcher v. Grover, 11 N. II. 368; Tyus v. DeJarnette, 26 Ala. 580; Swains Barber, 29 Yt. 292:…

1Opinion of the Court

*416The opinion of the court was delivered by

Barrett, J.

This case was tried on bill and answer; from which it substantially appears, that in April, 1851, the orator and the defendant became sureties for Perry, on a note for three hundred dollars to the Savings bank at Brattleboro, payable on demand with interest; that on the 1st day of May, 1852, Perry executed his note to the defendant for one hundred and fifty-four dollars and fifty cents, payable on demand, so that the defendant might secure himself at any time for the moiety of said bank note, which he might be made to pay; that in February,…

2Cases cited2 opinions

  1. Hinsdill v. MurraySupreme Court of Vermont · 1834
  2. Whipple v. BriggsSupreme Court of Vermont · 1855

3Cited by6 opinions

  1. In re BinghamDistrict Court, D. Vermont · 1899
  2. Mueller v. BargeSupreme Court of Minnesota · 1893
  3. Field v. HamiltonSupreme Court of Vermont · 1872
  4. Allen v. FairbanksU.S. Circuit Court for the District of Vermont · 1889
  5. Latham v. BrewerCourt of Appeals of Kansas · 1919

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