National Surety Co. of New York v. White

The weight of authority, it must be admitted, is in favor of the rule insisted on by the plaintiff in error, namely, that the last surety is regarded as the primary one, and that he has no right of subrogation against the preceding surety; but upon examination of these cases it will be found that most of them are cases arising as to sureties in a legal proceeding, as, for instance, sureties in successive appeals. There are, however, respectable authorities which hold to the contrary. See Kane v. State, 78 Ind. 103; Desser v. King, 110 Ind. 69 (10 N. E. 621); Burgett v. Paxton, 99 Ill. 288;…