Stockmeyer v. Oertling
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Mightoi'j J. 1. A dooision of Ibis Court, settling the nature and extent of liability of persons as sureties on a bond sued on, is conclusive as between tbe parties to tbe auit.
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APPEAL from the Civil District Court for the Parish of Orleans. Mightoi'j J. 1. A dooision of Ibis Court, settling the nature and extent of liability of persons as sureties on a bond sued on, is conclusive as between tbe parties to tbe auit. Ledoux vs Durrive, 10 An. p. 7. 2. In a subsequent suit between alleged oo-sureties for “contribution,” such decision, though, not technically Laving the force of ros judicata, determines tbe rights of tbe parties and is oonoluslvo as to all matters decided therein. 3. On an exooption of no cause of action, all documents annexed to the petition form part…
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
This suit is a pendant to Teutonia Bank vs. Wagner, 33 Ann. 732, where it was held that the sureties of Wagner, though bound solidarity with him, were several obligors inter sose, because solidarity between them was not expressed.
The plaintiff was one of those sureties, Bogel was another. These two paid the judgment against themselves as sureties upon that bond'. The plaintiff then acquired Bogel’s rights against others and brought this suit against Oertling, another surety, to recover of him his proportionate share, (one-third thereof) of…
2Cited by8 opinions
- Farley v. Frost-Johnson Lumber Co.Supreme Court of Louisiana · 1913
- Johnson v. Housing Authority of New OrleansLouisiana Court of Appeal · 1964
- Frew v. ScoularNebraska Supreme Court · 1917
- D'Amico v. CanizaroLouisiana Court of Appeal · 1969
- Peterson v. NicholsWashington Supreme Court · 1913
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