Legal Opinion

Porter v. Horton

Appellate Court of Illinois

Decided March 16, 1899PublishedCited by 1 opinion

Assumpsit, on a contract of indemnity. Trial in the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

1Opinion of the CourtJustice Sears

But two questions are presented for consideration, viz.: the propriety of the ruling by the trial court refusing the instructions whicíí related to a right of recovery under the common counts, and the admission of the testimony of Frederick L. Horton as to transactions with George M. Porter, appellant’s intestate, in his lifetime, in relation to the subject-matter of the suit.

We think it clear that a co-surety, who has been obliged to satisfy the joint liability. of the several sureties, may recover at common law and under the common counts the amount due by way of contribution from a…

2Cases cited6 opinions

  1. Star Brewery v. FarnsworthIllinois Supreme Court · 1898
  2. Waidner v. PaulyIllinois Supreme Court · 1892
  3. Goodall v. WentworthSupreme Judicial Court of Maine · 1841
  4. Golsen v. BrandIllinois Supreme Court · 1874
  5. Sloo v. PoolIllinois Supreme Court · 1853

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. O'Leary v. PeopleAppellate Court of Illinois · 1900

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