Henderson v. McDuffee
Superior Court of New Hampshire
Assumpsit for money paid, laid out and expended. The cause was submitted to the decision of the court upon the following facts. On the 31st December, 1827, the plaintiff, the defendant, and one Joel Varney, made their promissory note of that date for their joint debt to J. B. Odiorne, for the sum of $952,48, payable on demand, with interest; and also another note, for their joint debt, for one thousand dollars, payable to the Dover bank, in sixty days, with interest after.
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Assumpsit for money paid, laid out and expended. The cause was submitted to the decision of the court upon the following facts. On the 31st December, 1827, the plaintiff, the defendant, and one Joel Varney, made their promissory note of that date for their joint debt to J. B. Odiorne, for the sum of $952,48, payable on demand, with interest; and also another note, for their joint debt, for one thousand dollars, payable to the Dover bank, in sixty days, with interest after. The said Odiorne commenced a suit on his said note against all the said makers, and at the court of common pleas, holden…
1Opinion of the Court
By the court.
It seems now to be well settled, that a surety, who pays the debt, may maintain an action' in a court of law, against hyKife-surefJH* for.¶? contribution. 3 N. H. Rep 270, Odlin v. Greenleaf; 2 Esp. N. P. cases, 478, Turner v. Davies ; 14 Johns. 318, Murray v. Bogart; 17 Mass. Rep. 464, Batchelder v. Fisk; 12 Mass. Rep. 98, Taylor v. Savage; 10 Johns. Rep. 32, Sawyer v. Lyon; 1 East, 220, Birkley v. Presgrave.
The rule of law, by which a contribution among sureties is enforced, is founded upon fixed priciples of natural justice. The parties in such a case stand in equali jure. and…
2Cases cited3 opinions
- Campbell v. MesierNew York Court of Chancery · 1819
- Murray v. Bogert & KneelandNew York Supreme Court · 1817
- Taylor v. SavageMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
- Rice v. MortonSupreme Court of Missouri · 1854
- Nichols v. ParsonsSuperior Court of New Hampshire · 1832