Maryland Casualty Co. v. Gendron

The judgment and the execution against Gendron was a debt of the principal that the surety was bound to pay to the creditor, though as between the plaintiff and the defendant, the duty of payment fell upon the latter. Fidelity & Deposit Co. v. Buckley, 75 N. H. 506. Upon payment of Gendron’s debt, even voluntarily and without consulting Gendron, the plaintiff was at once entitled to the remedy of assumpsit against Gendron for reimbursement. Odlin v. Greenleaf, 3 N. H. 270; Riddle v. Bowman, 27 N. H. 236; Brandt, Suretyship and Guaranty (3d ed.); ss. 226, 229. No question is raised on the…