Goodloe v. Clay
Court of Appeals of Kentucky
Appeal from the Madison Circuit. Changer?. Case 46. Error to the Madison Circuit. [In 1836 and 1837, Cassius M. Clay and A. W. Gogqloe became bound as joint sureties of William Rodes,for the payment of sundry debts. In August, 1837, Rodes made a mortgage to Clay for his indemnity in tfrese and other liabilities.
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Appeal from the Madison Circuit. Changer?. Case 46. Error to the Madison Circuit. [In 1836 and 1837, Cassius M. Clay and A. W. Gogqloe became bound as joint sureties of William Rodes,for the payment of sundry debts. In August, 1837, Rodes made a mortgage to Clay for his indemnity in tfrese and other liabilities. Clay paid off all or a considerable part of the debts for which he was jointly bound as surety with Goodloe, had a foreclosure of the mortgage, and sale of the mortgaged effe'cts, which failing to indemnify him, he filed his bill in this case, against Goodloe, for contribution, which…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
Although Clay, as the brother-in-law of Rodes, and having confidence in his willingness and ability to reimburse him, may have looked for that reimbursement from him when he made the payments, without even thinking of the liability' of his co-surety to contribute, these circumstances do not discharge or repel that liability. And there being no sufficient ground” for inferring either that these 'payments were made under any special arrangement with Rodes, or with any intefitionof releasing the liability of the co-surety, in case of the failure…
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