Mosier's Appeal
Supreme Court of Pennsylvania
■Appeal from the decree of the Court of Common Pleas of Crawford ■county: No. 109, to October and November Term 1867. E. and C. H. Olmstead were joint owners of real estate in Meadville, valued at from $50,000 to $60,000. In 1866 they were very deeply involved in debt; judgments were standing against them severally and jointly to a very large amount.
Read the full summary
■Appeal from the decree of the Court of Common Pleas of Crawford ■county: No. 109, to October and November Term 1867. E. and C. H. Olmstead were joint owners of real estate in Meadville, valued at from $50,000 to $60,000. In 1866 they were very deeply involved in debt; judgments were standing against them severally and jointly to a very large amount. Amongst others were the following: — First National Bank of Susquehanna Depot, to the use of C. A. Derrickson and G. Mosier, against C. Olmstead et al., entered November 2£¡th 1865, for $4042.60; First National Bank of Meadville against E.…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Thompson, C. J.
Subrogation is purely an equitable result, and depends like other controversies in equity on facts to develop its necessity, in order that justice may be done. Privity of contract is not necessary to its support; it may, and does, exist on principles of mere equity and benevolence: 1 Johns. Ch. 409; Cottrel’s Appeal, 11 Harris'294. It will not arise in favor of a stranger, but only in favor of a party who on some sort of compulsion discharges a demand against a common debtor. For instance, a surety who pays the debt of…
2Cases cited3 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Silver Lake Bank v. NorthNew York Court of Chancery · 1820
- Greiner's EstateSupreme Court of Pennsylvania · 1834
3Cited by18 opinions
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
- Commercial Union Insurance Co. v. PostinWyoming Supreme Court · 1980
- Sheaffer v. BaeringerSupreme Court of Pennsylvania · 1942
- Hampton v. Congress Building & Loan Ass'nSupreme Court of Pennsylvania · 1930
- First National Bank of Ashley v. ReilySuperior Court of Pennsylvania · 1949
13 more not listed; retrieve them via the Exa API.