Legal Opinion

Gould v. Fuller

Supreme Judicial Court of Maine

Decided June 15, 1841PublishedCited by 4 opinions

Exceptions from the Middle District Court, Redington J. presiding. Assumpsit for money paid, laid out and expended, the suit having been commenced July 22, 1839. The plaintiff and defendant had been sureties for Asa H. Hankerson in a note to G. W. Stanley.

Read the full summary

Exceptions from the Middle District Court, Redington J. presiding. Assumpsit for money paid, laid out and expended, the suit having been commenced July 22, 1839. The plaintiff and defendant had been sureties for Asa H. Hankerson in a note to G. W. Stanley. Fuller received certain property of Hankerson to be appropriated to the payment of the note, and it was disposed of, and the proceeds paid over to Stanley at different times, the last payment having been made March 12, 1834. In October, 1838, the plaintiff paid to Stanley the balance then due on the note, amounting to $83,05. The defendant…

1Opinion of the Court

The opinion of the Court was by

Weston C. J.

Where one of several co-sureties, receives security or moneys from the principal, the whole enures to the benefit of all the sureties. It has the same effect, as if so much had been paid by the principal himself to the creditor. Until an adjustment is made, whatever indemnity, or payment one receives, he must account for with his co-sureties. So the law was laid down by Jackson J. in Bachelder v. Fiske et al. 17 Mass. R. 464. To the same effect are the cases of Messer v. Swan, 4 N. H. R. 481, and of Low v. Smart, 5 N. H. R. 353. In Messer v. Swan it…

2Cited by4 opinions

  1. Briggs v. BoydSupreme Court of Vermont · 1865
  2. Campau v. Detroit Driving ClubMichigan Supreme Court · 1904
  3. Latham v. BrewerCourt of Appeals of Kansas · 1919
  4. Tabor v. CockrellCourt of Appeals of Texas · 1890

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API