Kendrick v. Forney
Supreme Court of Virginia
This was a suit in equity in the Circuit court of Warren county, by James W. Kendrick and James R. Richards against Abraham Forney, as an absent defendant, to attach the land of Forney lying in that county, for the payment of a bond for §501.57, dated March 10th, 1862, payable, with interest, at nine months from its date, executed by said Forney as principal, and James R. Richards as his surety. ' Forney answered the bill, and insisted that the bond was to be paid in…
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This was a suit in equity in the Circuit court of Warren county, by James W. Kendrick and James R. Richards against Abraham Forney, as an absent defendant, to attach the land of Forney lying in that county, for the payment of a bond for §501.57, dated March 10th, 1862, payable, with interest, at nine months from its date, executed by said Forney as principal, and James R. Richards as his surety. ' Forney answered the bill, and insisted that the bond was to be paid in Confederate treasury notes; that Richards had paid off" the bond to Kendrick in April 1868, in that currency, and that…
1Opinion of the CourtAnderson, J.
A surety who pays the debt of his principal, upon the plainest principles of natural reason and justice, has a *750right to be reimbursed by him. And this principle is recognized by both courts of law and equity. There is an ™P^e(^ contract of indemnity between the principal and his surety, which obliges the former to reimburse ^e who has paid his debt; and the courts of equity will substitute him to the remedies and securities of the creditor for his indemnity; and this not upon the ground of contract, but upon a principle of natural equity and justice. In a court of law the surety in a joint…
2Cited by16 opinions
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- Conrad v. BuckWest Virginia Supreme Court · 1883
- Gieseke v. JohnsonIndiana Supreme Court · 1888
- Southall v. FarishSupreme Court of Virginia · 1888
- Matthews v. Hall's Adm'rWest Virginia Supreme Court · 1883
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