Cochran v. Walker's Ex'rs
Court of Appeals of Kentucky
Case 35 — CONTRIBUTION APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The surety’s right of action for contribution against his co-surety does not accrue at the date of the bond, but at the time when the surety has been compelled to pay the co-surety’s share of the liability.
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Case 35 — CONTRIBUTION APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The surety’s right of action for contribution against his co-surety does not accrue at the date of the bond, but at the time when the surety has been compelled to pay the co-surety’s share of the liability. Then, for the first time, the surety has a claim against the co-surety; and limitation on the claim for contribution begins to run from that time. 2. The right of the surety to sue his co-surety for contribution is in no manner dependent on the right of the creditor to sue the co-surety. The action does not lie upon the bond,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinioh or the court.
Henry L. Pope, a bank cashier, executed his bond as such, with the appellants and one W. H. Walker as his sureties. The covenants of his bond having been broken, an action was instituted in the name of the. Loretto Association and others, against Pope and his sureties for the breach, the action finally terminating; *222under Lire name of Davis, &c., v. McCorkle, reported in 14th. Bush, page 746. All the sureties on this bond, including W. H. Walker, were made defendants, served with process and filed a joint defense. Walker died on the second of May,…
2Cited by7 opinions
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- Frew v. ScoularNebraska Supreme Court · 1917
- Winston v. SlatonCourt of Appeals of Kentucky (pre-1976) · 1937
- Gregory v. PorterfieldCourt of Appeals of Arizona · 1976
- Frew v. ScoularNebraska Supreme Court · 1917
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