Stallworth v. Preslar
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cboctaw. Tried before tbe Hon. C. W. Rapier. The complaint in this ease was as follows: “William M. Stallworth h Tbe plaintiff claims óf tbe vs. >defendant tbe sum of five hun-Holden Preslar. j dred dollars, being one-balf the sum of one thousand dollars, paid by said jdaintiff in satisfaction of a certain judgment rendered in tbe county court of Monroe county, Alabama, at its January term, 1842, for tbe sum of three thousand four hundred and…
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Appeal from tbe Circuit Court of Cboctaw. Tried before tbe Hon. C. W. Rapier. The complaint in this ease was as follows: “William M. Stallworth h Tbe plaintiff claims óf tbe vs. >defendant tbe sum of five hun-Holden Preslar. j dred dollars, being one-balf the sum of one thousand dollars, paid by said jdaintiff in satisfaction of a certain judgment rendered in tbe county court of Monroe county, Alabama, at its January term, 1842, for tbe sum of three thousand four hundred and sixty-six 81-100 dollars, together with tbe costs, in favor of Halsey, Htter & Co., against Thomas R. Watts and said…
1Opinion of the CourtStone, J.
When two or more persons jointly become sureties for another, on a note for the payment of money, each surety becomes liable to the other to pay his share of the liability, in the event the principal fails to do so. Pait v. Pait, 19 Ala. 713; White v. Banks, 21 Ala, 705; Taylor v. Morrison, 26 Ala. 728; Martin v. Baldwin, 7 Ala. 923.
In such ease, if the principal fails to pay, and one of several sureties is forced by suit to pay the debt, there accrues to the surety so paying, at the time of the payment, a right of action against his co-surety for contribution. The surety sued need not wait…
2Cases cited15 opinions
- Cullum v. Branch BankSupreme Court of Alabama · 1853
- Glass v. GlassSupreme Court of Alabama · 1854
- Hooks v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Couch v. Terry's Adm'rsSupreme Court of Alabama · 1847
- Martin v. BaldwinSupreme Court of Alabama · 1845
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Owen v. McGeheeSupreme Court of Alabama · 1878
- United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
- Merchants Discount Co. v. Federal Street Corp.Massachusetts Supreme Judicial Court · 1938
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