Labbe v. Bernard
Massachusetts Supreme Judicial Court
Bill in equity by a surety against his co-sureties for contribution, filed in the Superior Court for the county of Bristol August 14, 1907. A demurrer to the bill was sustained by White, J., and the plaintiff appealed. The material allegations in the bill are stated in the opinion.
1Opinion of the CourtSheldon, J.
The plaintiff and the defendants were co-sureties upon a bond given by one Rodgers, for the performance of an agreement made by him to grade some land for a third party for a fixed price. Rodgers entered upon the performance of the contract and completed a little more than one half of the work, received a part of the agreed price, and then abandoned the contract and absconded. Thereupon the plaintiff as one of the sure*552ties of Rodgers finished the work, at an expense of more than $800, and either received or became entitled to receive from the third party a sum slightly above this, being the…
2Cases cited12 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- First Nat. Bank of Seattle v. City Trust, Safe Deposit & Surety Co.Court of Appeals for the Ninth Circuit · 1902
- McArthur v. MartinSupreme Court of Minnesota · 1876
- Wood v. LakeSupreme Court of Alabama · 1878
- Owen v. McGeheeSupreme Court of Alabama · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hewitt v. BuchananCourt of Appeals of Texas · 1927
- Lacy v. Maryland Casualty Co.Court of Appeals for the Fourth Circuit · 1929
- Canter v. SchlagerMassachusetts Supreme Judicial Court · 1971
- Standard Acc. Ins. Co. of Detroit v. Federal Nat. Bank of ShawneeCourt of Appeals for the Tenth Circuit · 1940
- Illinois Surety Co. v. MitchellCourt of Appeals of Kentucky · 1917
22 more not listed; retrieve them via the Exa API.