Sherrod v. . Woodard
Supreme Court of North Carolina
This suit was commenced on the 20th January 1831, by a warrant returnable before a magistrate, and was carried by appeal first to the County, and then to the Superior Court of Northampton. In the Superior Court a verdict was rendered, subject to the opinion of the Court upon a case agreed between the parties.
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This suit was commenced on the 20th January 1831, by a warrant returnable before a magistrate, and was carried by appeal first to the County, and then to the Superior Court of Northampton. In the Superior Court a verdict was rendered, subject to the opinion of the Court upon a case agreed between the parties. The case agreed stated that the plaintiff and the defendant were joint sureties for Miles Boon to John T. Binn; that the creditor . . . , , . obtained judgment against Boon and his sureties ; that on t]ie2(i of August 182.7,Boon being then insolvent, tlieplain-tiff satisfied the whole…
1Opinion of the Court
Gaston, Judge.
It has been long settled that when one of several co-sureties lias been compelled to pay the debt of bis principal, be lias a right in a Court of Equity to call upon the others for their contribution. This right to contribution was probably founded upon the maxim, that equality between those whose obligations are identical, is equity, and that the creditor cannot be permitted at his choice, to impose on one, that burthen which, on the principles of natural justice, ought to be borne by all. In modern times, the Courts of Law in England, assumed a jurisdiction over such demands,…
2Cited by5 opinions
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- American National Fire Insurance Company v. GibbsSupreme Court of North Carolina · 1963
- Smith v. Richards.Supreme Court of North Carolina · 1901
- McAdams v. DunsonOhio Court of Appeals · 1915
- Wait v. PierceWisconsin Supreme Court · 1926