Prescott v. Newell
Supreme Court of Vermont
General Assumpsit. Plea, general issue. Trial by jury June Term, 1866, Steele, J., presiding. The plaintiffs elaimed to recover of the defendant one-third of the sum of $1285.48 and interest, which they had paid to satisfy an obligation on which the defendant was a co-surety with them.
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General Assumpsit. Plea, general issue. Trial by jury June Term, 1866, Steele, J., presiding. The plaintiffs elaimed to recover of the defendant one-third of the sum of $1285.48 and interest, which they had paid to satisfy an obligation on which the defendant was a co-surety with them. The obligation was dated October'29th, 1860, in favor of Lyndon Bank, and was signed by Miller & Trull, who were principals, and by the following persons who were sureties : Truman Prescott and Charles Ingalls, (the plaintiffs,) Selim Newell, (the defendant,) Charles Plowe, Charles Hill and P. M. Wilmarth. It…
1Opinion of the Court
Tlie opinion of the court was delivered by
Barrett, J.
The right of the plaintiffs as sureties of Miller & Trull to maintain a joint action against the defendant for contribution as a co-surety for what they have paid on the debt of their principals, depends on the fact of their having made that payment jointly, either out of a fund owned by them jointly or by some equivalent means. In this respect they stand upon the same ground of right as they would against the principal to recover for payments made by them as his sureties, as was the case in Whipple et al. v. Briggs, 28 Vt. 65. The fact of…
2Cases cited1 opinion
- Whipple v. BriggsSupreme Court of Vermont · 1855
3Cited by2 opinions
- Thomas v. CarterSupreme Court of Vermont · 1891
- Hudson v. . AmanSupreme Court of North Carolina · 1912