Lynch v. Bragg
Supreme Court of Alabama
Error to the County Court of Wilcox. Assumpsit by the defendant in error, before his honor D. W. Sterrett. Upon the trial, as appears from a bill of exceptions, the defendant proved that he was surety upon the demand sued for, for one Robert H. Gregg, and then proved a written direction, from the plaintiff to Grigg, to furnish wood to the steamboat Dallas, to the amount of his indebtedness, if called for.
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Error to the County Court of Wilcox. Assumpsit by the defendant in error, before his honor D. W. Sterrett. Upon the trial, as appears from a bill of exceptions, the defendant proved that he was surety upon the demand sued for, for one Robert H. Gregg, and then proved a written direction, from the plaintiff to Grigg, to furnish wood to the steamboat Dallas, to the amount of his indebtedness, if called for. He also produced, and offered to read a statement in writing by the plaintiff, showing the account of wood furnished by Gergg, as admitted by the steamboat, which on motion of the…
1Opinion of the CourtCollier, C. J.
If the evidence stated in the declaration went merely to establish a set off in favor of the principal on the note on which the defendant is a surety, it should have been admitted. In Winston v. Metcalf, 7 Ala. R. 837, it was said “ the principal debtor is liable to indemnify his surety, whenever the latter pays the debt; and when the former has procured a valid set off, we perceive no sound reason why the surety should not be permitted, with his consent and concurrence, to enforce it, in the same manner as if the suit was against both jointly.” This decision was made under the influence of…
2Cases cited1 opinion
- Handley v. Dobson's Adm'rSupreme Court of Alabama · 1845