Gibson v. Shehan
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainants from a decree sustaining a demurrer to and dismissing a bill by the assignee of a surety for contribution from co-sureties. The Court in its opinion stated the case as follows: This case is presented on bill and demurrer.
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Hearing on an appeal by the complainants from a decree sustaining a demurrer to and dismissing a bill by the assignee of a surety for contribution from co-sureties. The Court in its opinion stated the case as follows: This case is presented on bill and demurrer. The court below sustained the demurrer and dismissed the bill, and the complainants have appealed; and the only question here is, do the facts alleged present a case entitling the complainants to relief? This bill was filed by George Gibson, of the District of Columbia, and the American Surety Company, of New York, who are the…
1Opinion of the CourtChief Justice Alvey
Without noticing other questions raised by the demurrer to the bill, upon the facts alleged, the question presented by the prayer for relief would seem to be a plain and simple one; and that is, whether the American Surety Company is entitled to occupy the position of co-surety with the two defendants, Shehan and McLeod, by virtue of the alleged assignment from Gibson, or otherwise? In other words, whether there be any ground shown for the claim made by the American Surety Company for contribution from the two defendants as sureties of Karl? If Gibson had no claim for contribution as against…
2Cases cited2 opinions
- Hampton v. PhippsSupreme Court of the United States · 1883
- Agnew v. BellSupreme Court of Pennsylvania · 1835