Todd v. Windsor

Eberhardt, Judge.

The sole question for decision is whether a surety paying the total amount of his defaulting principal’s obligation may sue his six co-sureties for a joint and several judgment for six-sevenths of the amount of the judgment obtained by the plaintiff surety against the defaulting principal but returned nulla bona. The question arises by virtue of the fact that plaintiff surety brought his suit against his co-sureties in two counts, the first seeking a joint and several judgment against his co-sureties for six-sevenths of the amount of the judgment, whilé the second count seeks…