Compton v. Heissenbuttel

Upon the affirmance of the judgment entered on the verdict returned at the first trial of this action, this court said: “ By their express agreement to pay all wharfage, the defendants assumed, so far as the plaintiff is concerned, a primary obligation, to which the liability of the plaintiff or his boat is secondary, and although as to the wharfinger, the boat itself can be held liable,” still, as between plaintiff and defendants, the former is liable as surety and the latter as principal. See 13 N. Y. Supp. 594; 38 N. Y. St. Repr. 458. And our appellate authority, in deciding the appeal…