Cooke v. Hoffman

Jesse M. Lyons, the intestate of the plaintiff in error, commenced this action, January 29, 1867, against James Hoffman, before a justice of the peace, to recover contribution from him as a co-surety for money paid in discharge of the common debt. The justice rendered judgment for the defendant, and, upon appeal, the circuit judge, who tried the case without a jury, rendered a similar judgment. The plaintiff appealed in error.

Lyons and Hoffman were sureties for James Richards on a note, dated December 14, 1862, and payable one day after date to Wm. Lyons, for one hundred dollars. Jesse M.…