Dodd v. Wilson
Court of Chancery of Delaware
Bill in Equity by a Surety.—This was a bill filed for re-imbursement to a surety of money paid for his principal under the" following circumstances:—William W. Wilson,the defendant’s intestate,together with Barkley Wilson, Josiah Marvel, James Wilson and Silas Reynolds, on the 2d of March 1852, executed their judgment bond to the Farmers’ Bank at Georgetown for $670. Judgment was entered in the Superior Court, execution issued and levies made upon the goods of all the…
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Bill in Equity by a Surety.—This was a bill filed for re-imbursement to a surety of money paid for his principal under the" following circumstances:—William W. Wilson,the defendant’s intestate,together with Barkley Wilson, Josiah Marvel, James Wilson and Silas Reynolds, on the 2d of March 1852, executed their judgment bond to the Farmers’ Bank at Georgetown for $670. Judgment was entered in the Superior Court, execution issued and levies made upon the goods of all the obligors and finally, under a vend. exp. returnable to the Oct. Term i860, the goods of William W. Wilson and James Wilson…
1Opinion of the Court
The Chancellor :—
The case turns upon the single question whether William Wilson, the defendant, was the principal debtor and the other obligors sureties, only, in the bond for $670, given to the Farmers Bank on March 2d, 1852. The evidence leaves no doubt that such was the fact. It is true, as alleged in the answer, that this bond was given for a loan effected in order to meet Zachariah P. Wilson’s default upon his bond as County Collector; but it is sufficiently proved that, under a family arrangement between Zachariah P. Wilson and the defendant, who were brothers, and James Wilson, the…
2Cited by14 opinions
- Henis v. Compania Agricola De GuatemalaDistrict Court, D. Delaware · 1953
- Bovay v. H. M. Byllesby & Co.Court of Chancery of Delaware · 1943
- Bovay v. H. M. Byllesby & Co.Court of Chancery of Delaware · 1940
- Mayer v. AdamsSupreme Court of Delaware · 1958
- Bush v. Hillman Land Co.Court of Chancery of Delaware · 1938
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