Gould v. Fuller
Supreme Judicial Court of Maine
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.
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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…
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