Gould v. Gould
New York Supreme Court
Assumpsit for money paid; tried at the New York circuit, April 14th, 1826, before Walworth, 0. Judge. At the trial, it was proved that the plaintiff and David Banks the elder, had executed a bond with the defendant as his sureties, conditioned for the payment of 250 dollars, to one Priorand that the plaintiff, with the same David Banks, the elder, and John Gould, executed another bond with the defendant, as his sureties, conditioned *for the payment of 2,000 dollars, to one…
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Assumpsit for money paid; tried at the New York circuit, April 14th, 1826, before Walworth, 0. Judge. At the trial, it was proved that the plaintiff and David Banks the elder, had executed a bond with the defendant as his sureties, conditioned for the payment of 250 dollars, to one Priorand that the plaintiff, with the same David Banks, the elder, and John Gould, executed another bond with the defendant, as his sureties, conditioned *for the payment of 2,000 dollars, to one Biggs. That David Banks, the elder, died, and David Banks, the younger, was -his executor; and he and the plaintiff,…
1Opinion of the Court
Ouria, per Savage, Ch. J.
It seems to me a joint action could not be sustained. This is a case of several sureties paying the debt of their principal; in which each must prosecute for the amount paid by him. (3 B. & P. 225; 2 Com. on Contr. 188; 1 Chit. Pl. 8, 9 ; 2 T. R. 282.) The action is founded upon the implied assumpsit; and the in. terest of each being several in respect to this transaction, the law implies a corresponding liability; that is, to each severally, according to his interest. So far from D. Banks, the younger, being a partner in respect to the payment, he never was even…
2Cited by9 opinions
- Harrison v. PhillipsSupreme Court of Missouri · 1870
- Campau v. Detroit Driving ClubMichigan Supreme Court · 1904
- Thomas v. CarterSupreme Court of Vermont · 1891
- Lowry v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
- Bunker v. TuftsSupreme Judicial Court of Maine · 1867
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