Gould v. Gould
Court for the Trial of Impeachments and Correction of Errors
In error from the supreme court. William Gould sued Stephen Gould in the supreme court in an action of assumpsit for money paid. The plaintiff, David Banks, and two other persons were the sureties of Stephen Gould, in two bonds for the payment of $2250, of which sum, $2000 were secured by two separate mortgages of real estate, one executed by William Gould, and the other by David Banks; the latter died, and his son David Banks, jun. succeeded to his estate.
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In error from the supreme court. William Gould sued Stephen Gould in the supreme court in an action of assumpsit for money paid. The plaintiff, David Banks, and two other persons were the sureties of Stephen Gould, in two bonds for the payment of $2250, of which sum, $2000 were secured by two separate mortgages of real estate, one executed by William Gould, and the other by David Banks; the latter died, and his son David Banks, jun. succeeded to his estate. After the death of David Banks, his son David Banks, jun. and William Gould, being at the time partners in business as booksellers, paid…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
William Gould was holden for Stephen. Gould as his surety in two several bonds; and for the payment of the same debts the ancestor of D. Banks, jun. *264was also security, and the property descended to him was therefore holden. W. Gould and D. Banks, jun. were therefore, as between themselves, equitably bound to contribute equally towards the payment; and being in partnership, they paid the amount out of their partnership funds. They brought a joint action for the money paid, and on the trial, were nonsuited on the ground that they could not…
2Cases cited1 opinion
- Wright v. PostSupreme Court of Connecticut · 1819
3Cited by17 opinions
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Walsh v. AdamsNew York Supreme Court · 1846
- Donelson's Adm'rs v. PoseySupreme Court of Alabama · 1848
- Houghton & Robinson v. PuryearCourt of Appeals of Texas · 1895
- Rathbone v. StockingNew York Supreme Court · 1848
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