Schmidt v. Coulter
Supreme Court of Minnesota
APPEAL EROM TIIE DISTRICT COUBT OK RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. — When one of tbe co-sureties bas paid tlie debt of Ms-principal, the other co-surgty becomes primarily liable to the-surety who paid the debt for one-half of the amount so paid; and nothing short oí a collection of tlie debt from tbe principal will discharge such co-surety from his liability to contribute one-half the amount so paid. 1 Parsons on Contracts, 2?. 32-3-4, and…
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APPEAL EROM TIIE DISTRICT COUBT OK RAMSEY COUNTY. Points and Authorities of Plaintiff in Error. I. — When one of tbe co-sureties bas paid tlie debt of Ms-principal, the other co-surgty becomes primarily liable to the-surety who paid the debt for one-half of the amount so paid; and nothing short oí a collection of tlie debt from tbe principal will discharge such co-surety from his liability to contribute one-half the amount so paid. 1 Parsons on Contracts, 2?. 32-3-4, and notes; Smith's Lead. Gas., vol. 1, ¶. 200, seo. 71, and authorities there cited; Cornell vs. Edwards, 2 Bo-scmquet &…
1Opinion of the Court
By the Court
ElaNdeau, J.
— There is no case or bill of exceptions bringing up the testimony. We are therefore confined to the report of the referee in making our review. We must presume that sufficient evidence was introduced without objection to sustain all his findings of fact, regardless of the allegations or want of allegations in the pleadings.
The action was for rent of land. The defence was a claim against the Plaintiff tor contribution as co-surety with the Defendant on an appeal bond, in a matter entirely distinct from the Plaintiff’s cause of action, the Defendant having-paid the…
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