Croft v. Moore
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. John Moore against George Croft. This was a question of substitution, arising out of the following facts: On the 14th of May 1830, John D. Mahan executed a promissory note to George Croft, Samuel Galbraith and John Moore, for the payment of 900 dollars in four months, whp endorsed it to the Harrisburg Bank, by whom it was discounted.
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ERROR to the common pleas of Cumberland county. John Moore against George Croft. This was a question of substitution, arising out of the following facts: On the 14th of May 1830, John D. Mahan executed a promissory note to George Croft, Samuel Galbraith and John Moore, for the payment of 900 dollars in four months, whp endorsed it to the Harrisburg Bank, by whom it was discounted. A suit was brought upon this note against them, and judgment obtained in 1831. An execution was issued and the money was paid to the sheriff by John Moore and Samuel Galbraith. Aftef' the payment of it, John Moore…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
As a remedy between surety and principal, or between sureties themselves, subrogation to the ownership of the *453security has advantages which must always incline courts of equity to favour it. As each co-surety is separately liable at law for no more than an aliquot part to one who has paid the whole, an action for contribution has this disadvantage, that it leaves him who has paid more than his part, exposed to a possibility of loss from insolvency of any one of the contributors, which a bill in equity does not. 1 Bos. & Pul. 268; Peter v.…
2Cases cited2 opinions
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Kuhn v. NorthSupreme Court of Pennsylvania · 1823
3Cited by18 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Hull v. MyersSupreme Court of Georgia · 1893
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
- Wright v. Grover & Baker S. M. Co.Supreme Court of Pennsylvania · 1876
- Felton v. BisselSupreme Court of Minnesota · 1878
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