Pfluger v. Wilshusen
New York Court of Common Pleas
Appeal from city court, general term. Action by Christopher Pfluger against John Wilshusen on an alleged agreement for contribution in the payment of a note. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
The note was made by the plaintiff, indorsed by the defendant for accommodation at the request of the plaintiff, and then indorsed and negotiated by Frederick Pfluger. Plaintiff’s contention is that both he and the de- • fendant were’parties to the note for the accommodation of Frederick Pfluger. Assuming the fact to be so, then, in the absence of a special agreement, the plaintiff would have no right to contribution from the defendant; for successive accommodation parties are not co-sureties as between themselves. Kelly v. Burroughs, 102 N. Y. 93, 6 N. E. Rep. 109; Easterly v. Barber, 66 N.…
2Cases cited8 opinions
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- McDonald v. MagruderSupreme Court of the United States · 1830
- Easterly v. . BarberNew York Court of Appeals · 1876
- Shaw v. KnoxMassachusetts Supreme Judicial Court · 1867
- Seward v. . HuntingtonNew York Court of Appeals · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Egbert v. HansonNew York Supreme Court · 1901