Legal Opinion
Ely v. Stone
New York Supreme Court
Decided January 18, 1940PublishedCited by 3 opinions
1Opinion of the CourtCarew, J.
Although the parties have treated this as an action in equity it is really an action at law. It is brought by a guarantor against his principal debtor to recover by subrogation the debt which the guarantor has paid. Since the case of Decker v. Pope in 1757 (reported in 1 Selwyn’s Nisi Prius [13th ed.], p. 91), before Lord Mansfield, such an obligation has been regarded as a quasi contract recoverable at law. In 1821 Lord Eldon said of it: “ Until I became acquainted with that case (Toussaint v. Martinnant, [1787] 2 T. R. 105) I thought the remedy must be in equity.” (Stirling v. Forrester, 3…
2Cases cited5 opinions
- Hoag v. . WrightNew York Court of Appeals · 1903
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Seligson v. WeissAppellate Division of the Supreme Court of the State of New York · 1928
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Robbins v. WellsThe Superior Court of New York City · 1863
3Cited by3 opinions
- Seven Sixty Travel, Inc. v. American Motorists InsuranceNew York Supreme Court · 1979
- Towner v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
- Zeidman v. ZeidmanNassau County District Court · 2015