Norton v. Coons
New York Supreme Court
Assumpsit tried before Parker, C. Judge, at the Rensselaer circuit, in April, 1844, The plaintiffs sued for contribution, as co-sureties with the defendant, in the following promissory note:— “ $1000. One year after date we jointly and severally promise to pay to the order of Olive Bldridge one thousand dollars, for value received. Troy, March 31st, 1841, with interest. Schuyler & Akin. B. & A. Norton. Joseph H. Coons.” Schuyler & Akin were principal debtors.
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Assumpsit tried before Parker, C. Judge, at the Rensselaer circuit, in April, 1844, The plaintiffs sued for contribution, as co-sureties with the defendant, in the following promissory note:— “ $1000. One year after date we jointly and severally promise to pay to the order of Olive Bldridge one thousand dollars, for value received. Troy, March 31st, 1841, with interest. Schuyler & Akin. B. & A. Norton. Joseph H. Coons.” Schuyler & Akin were principal debtors. They applied to Miss Eldridge for.the loan of $1000, and offered to give the plaintiffs as sureties; but she did not know them, and…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The doctrine of contribution among sureties is founded on a general principle of equity and justice. Sureties are in cequali jure, and must bear the burden equally. Contribution may be enforced whether they were bound jointly or severally; by the same, or by different instruments; and although the party who sues did not know at the time he became a surety, that the defendant was also a surety. The order of time in which they became bound is not a material inquiry. The only question is, whether they were in fact sureties for a principal debtor, and in relation to…
2Cases cited3 opinions
- Harris v. WarnerNew York Supreme Court · 1835
- Warner v. PriceNew York Supreme Court · 1829
- Lapham v. BarnesSupreme Court of Vermont · 1828
3Cited by32 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- Barry v. . RansomNew York Court of Appeals · 1855
- Rindge v. . BakerNew York Court of Appeals · 1874
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