Shattles v. Baker

1. Voluntary payment by a surety of a past-due debt entitles him to proceed immediately against the principal for the amount paid in his behalf. Civil Code, § 3552.

2. The plaintiff became surety for- the payment of certain debts contracted by the defendant, amounting to $457.46, and, to indemnify himself, took from the defendant a chattel mortgage for that amount. He voluntarily paid off the indebtedness, including a note for $100, due November 1, 1914, which he paid on September 19, 1914, and he subsequently undertook to foreclose the mortgage. The defendant filed an affidavit of illegality,…