Legal Opinion

McCormick's Administrator v. Irwin

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 7 opinions

Error to tbe District Court of Philadelphia. This was an action of debt by William Smythe, Jr., administrator, with the will annexed, of Benjamin Pyle, deceased, for the use of Ellis P. Irwin, against Samuel McCormick, upon the following bond:— “ Know all men by these presents, that we, F. A. Whittaker, of Wilmington, in the state of Delaware, Samuel McCormick, in the county of Clinton, and Joseph Whittaker, of the state of -, are held and firmly bound unto William Smythe,…

Read the full summary

Error to tbe District Court of Philadelphia. This was an action of debt by William Smythe, Jr., administrator, with the will annexed, of Benjamin Pyle, deceased, for the use of Ellis P. Irwin, against Samuel McCormick, upon the following bond:— “ Know all men by these presents, that we, F. A. Whittaker, of Wilmington, in the state of Delaware, Samuel McCormick, in the county of Clinton, and Joseph Whittaker, of the state of -, are held and firmly bound unto William Smythe, Jr., administrator cum testamento annexo of the estate of Benjamin Pyle, deceased, in the sum of f6000, to be paid to the…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

The familiar doctrine of subrogation is, that when one has been compelled to pay a debt which ought to have been paid by another, he is entitled to a cession of all the remedies which the creditor possessed against that other. To the creditor, both may have been equally liable, but if, as between themselves, there is a superior obligation resting on one to pay the debt, the other, after paying it, may use the creditor’s security to obtain reimbursement. The reason why subrogation is not allowed to one partner as against his copartner, or to…

2Cases cited1 opinion

  1. Harper v. Farmers' & Mechanics' BankSupreme Court of Pennsylvania · 1844

3Cited by7 opinions

  1. National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
  2. Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
  3. Lackawanna Trust & Safe Deposit Co. v. GomeringerSupreme Court of Pennsylvania · 1912
  4. Bankers Surety Co. v. LinderSupreme Court of Iowa · 1912
  5. Smith Ex Rel. McDonnell v. Yellow Cab Co.Superior Court of Pennsylvania · 1925

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API