Cone v. First National Bank

delivered tbe opinion of tbe court:

Section 21 of our Civil Code provides, in substance, that an action may be brought by one person against two or more for tbe purpose of compelling one to satisfy a debt due to tbe other for which the plaintiff is bound as surety.

*486Mrs. Cone, as executrix of the last will and testament of James J. Cone, deceased, brought suit against The First National Bank of Denver, The First National Bank of Canon City, and others, named as defendants, the purpose of which was to compel the Canon City bank to pay to the Denver bank the balance due on a certain promissory…