Holcombe v. Fetter

Stevens, Y. C.

This is a suit by one of several sureties to compel a principal debtor to pay his debt to his creditor. It is said by Chancellor Green, in Trick v. Black, that as soon as the debt has become payable, a surety may fíle a bill to compel payment by the principal, in order that the surety may be relieved from responsibility. That this rule is well settled appears from the following citations: Pom. Eq. Jur. & 1417; Dering v. Winchelsea, 1 Lead. Cas. Eq. (Am. note) *100; Irick v. Black, 17 N. J. Eq. (2 C. E. Gr.) 189; Delaware, Lackawanna and Western Railroad Co. v. Oxford Iron Co., 38 N.…