Lucas v. Chamberlain

Chamberlain and Lair brought this action of assumpsit against Lucas, upon an al'ledged .promise to indemnify them for becoming, at the request of Lucas, the sureties, with others, of J. & J. Stephens, in an injunction bond, to enjoin further proceedings on a judgment which had been replevied with the defendant, Lucas, as the only surety.

Upon the issue of non-assumpsit, the evidence conduced to prove that J. & J. Stephens, the original debtors, were insolvent, but that one of them had mortgaged some property to Lucas to indemnify him for becoming surety in the replevy bond on the judgment…