Clark v. Myers
New York Supreme Court
Appeal from a judgment rendered at Circuit nonsuiting the plaintiff, after his opening, on the complaint. The plaintiff, defendant, and other persons, were stockholders in the Myers Steel and Wire Iron Company, a corporation organized under the general act of 1848 (chap. 40), for the formation of manufacturing, mining and other companies.
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Appeal from a judgment rendered at Circuit nonsuiting the plaintiff, after his opening, on the complaint. The plaintiff, defendant, and other persons, were stockholders in the Myers Steel and Wire Iron Company, a corporation organized under the general act of 1848 (chap. 40), for the formation of manufacturing, mining and other companies. Certain laborers employed by the company sued the plaintiff on his several liability, and recovered judgments against him, they having previously exhausted their remedy against the corporation. Their suit was based on the liability created by section 18 of…
1Opinion of the Court
Learned, P. J".:
In Easterly v. Barber (3 Weekly Dig., 178), the Court of Appeals recognized the doctrine that at law a surety might sue a co-surety separately for his proportion of the liability paid; and that in equity an action might be brought against all, and contribution might be adjudged among the solvent parties. And it is not doubted that in some f oim, either at law or in equity, the plaintiff in this case should have contribution. The only question is, may he sue one stockholder at law for his proportionate part, or must he sue all in equity.
The right of suing a co-surety for a…
2Cases cited5 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
- Beaman v. BlanchardNew York Supreme Court · 1830
- Richardson v. AbendrothNew York Supreme Court · 1864
- Coburn v. . WheelockNew York Court of Appeals · 1866