McColl v. Smith

The question involved upon this motion is apparently one of first impression, and yet it undoubtedly will arise with great frequency. Plaintiff recovered a joint judgment against *1051defendants Smith and Farrand for $10,000 and costs. Automatically section 211-a of the Civil Practice Act became applicable. Defendant Farrand did not pay the judgment in full but his insurer paid $7,000 in full satisfaction of the judgment. Farrand seeks recovery against Smith for $3,500, being one-half of the amount paid. Defendant Smith contends that he can be required to pay only $2,000 as the excess paid by…