Edgerly v. Emerson
Superior Court of New Hampshire
Case. The declaration comprised four counts. The first, alleged that the plaintiff, on the fifth of May, 1847, at the request of the defendant, had caused to be delivered to him, divers goods, &c., to wit: a lot of goods being in a store in Alton, occupied by one W. W. Jones, being the same store and lot of goods, mentioned in the receipt, or writing, of the defendant to the plaintiff, dated May 5th, 1847, in words and figures following, to wit: “ May 5th, 1847, Josiah B.…
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Case. The declaration comprised four counts. The first, alleged that the plaintiff, on the fifth of May, 1847, at the request of the defendant, had caused to be delivered to him, divers goods, &c., to wit: a lot of goods being in a store in Alton, occupied by one W. W. Jones, being the same store and lot of goods, mentioned in the receipt, or writing, of the defendant to the plaintiff, dated May 5th, 1847, in words and figures following, to wit: “ May 5th, 1847, Josiah B. Edgerly, deputy sheriff, having this day entered the store occupied by William W. Jones, with a demand in the name of the…
1Opinion of the CourtBell, J.
The most important question raised by this case, is, whether a surety, against whom and the principal, a joint judgment has been rendered, may agree'with the creditor, upon payment of the amount of the debt, to assign to him the judgment and execution; and whether the surety, in case the judgment and execution are so assigned to him, can avail himself of the execution to hold, by a levy, the property of the principal, attached on the original writ.
The general principle, that a surety is entitled in equity, to be subrogated to all the securities which the creditor holds against the principal,…
2Cases cited15 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Johnson v. WeedNew York Supreme Court · 1812
- Green v. MillerNew York Supreme Court · 1810
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Hammatt v. WymanMassachusetts Supreme Judicial Court · 1812
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3Cited by4 opinions
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