Tobias v. Rogers
New York Supreme Court
On the 14th of September, 1837, Mahoney and Trull brought an action of replevin, in the Common Pleas of New York, against the sheriff and others.
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On the 14th of September, 1837, Mahoney and Trull brought an action of replevin, in the Common Pleas of New York, against the sheriff and others. On that occasion Ma-honey and Trull, as principals, and Tobias and Rogers, the parties to this action, as their sureties, executed a joint and several bond, conditioned that Mahoney and Trull should prosecute the replevin suit , to effect, and that, if the defendants therein should recover judgment against them, they would return the property replevied, if a return thereof should be adjudged, and that Mahoney and Trull would pay to the defendants in…
1Opinion of the Court
Edmonds, J.:
The condition of these parties was that of principal and surety as to- one-half of what each might pay on the obligation which they had jointly incurred. They were jointly bound as principals to a third person, but, as between themselves, the relation of principal and surety existed as to any amount which either might pay over and above his share.
It is, in that respect, .like the case of Craft v. Mott (5 Barb. 305). The parties to that suit were jointly bound to Johnson, but, by an arrangement between themselves, Mott was bound to pay the debt primarily, and Craft was his surety.
Un…
2Cases cited1 opinion
- Crafts v. MottNew York Supreme Court · 1849