Durfee v. Kelly
Massachusetts Supreme Judicial Court
Contract by the assignee under an instrument in writing of Alfred H. Deeming and Elisha H. Small, two of the five sureties on a certain promissory note, which was paid by the plaintiff’s assignors, against another of the five sureties for contribution.
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Contract by the assignee under an instrument in writing of Alfred H. Deeming and Elisha H. Small, two of the five sureties on a certain promissory note, which was paid by the plaintiff’s assignors, against another of the five sureties for contribution. Writ dated February 25, 1915. In the Superior Court the case was tried before Brown, J. The note was dated February 24, 1909, and was originally for $6,750. It was payable to the B. M. C. Durfee Safe Deposit and Trust Company and recited that the makers had deposited as collateral security a certificate for one hundred and forty-five shares of…
1Opinion of the CourtBraley, J.
The plaintiff’s assignors having paid the promissory note on which the defendant with themselves and two other persons had become bound jointly and severally to the payee as sureties, the right accrued to enforce contribution in an action at law. And, notwithstanding the decease of one of the co-sureties, the plaintiff is entitled to recover, not one quarter, but one fifth of the amount which he has paid. Griffin v. Kelleher, 132 Mass. 82, 83, and cases cited.
By the tenor of the note the payee was charged with notice of the relations between the principal debtor and the sureties. Guild v.…
2Cases cited10 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Friedenwald Co. v. WarrenMassachusetts Supreme Judicial Court · 1907
- Uniontown Bank v. MacKeySupreme Court of the United States · 1891
- Gray v. Farmers' National BankCourt of Appeals of Maryland · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rose v. HomseyMassachusetts Supreme Judicial Court · 1964
- Lynn Five Cents Savings Bank v. PortnoyMassachusetts Supreme Judicial Court · 1940
- Quintin v. MagnantMassachusetts Supreme Judicial Court · 1934
- Atlas Finance Corp. v. TrocchiMassachusetts Supreme Judicial Court · 1939
- Ducharme v. Coe Motors Inc.Massachusetts Supreme Judicial Court · 1931
3 more not listed; retrieve them via the Exa API.