Wilson v. Whitmore

This is an action of contract brought by a surety to compel the creditor to reimburse him to the extent of a payment made by the surety, on the ground that the defendant has received that amount in excess of his debt. The facts admitted or offered to be proved, which are material to our decision, are as follows. The plaintiff was surety on three promissory notes made by the Sagamore Mills, amounting to $50,000, in which the defendant, was beneficially interested. A suit had been begun upon them, and, the maker having gone into bankruptcy, they had been proved against its estate. The…