McConnell v. Scott
Ohio Supreme Court
This is a Case in Chancery, reserved in the County of Morgan. The bill is filed by the complainant, as a surety of the principal debtor, against him and others, in whose hands the principal debtor has credits.
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This is a Case in Chancery, reserved in the County of Morgan. The bill is filed by the complainant, as a surety of the principal debtor, against him and others, in whose hands the principal debtor has credits. The bill states, that judgment at law has been rendered against both principal and surety; that the principal debtor is insolvent, and seeks the appropriation of the credits of the principal, in the hands of the debtors, to the satisfaction'of the judgment against both him and the complainant, who is his surety. The bill makes the judgment creditor a party merely, that he may receive…
1Opinion of the CourtWood, C. J.
The question raised by counsel is, whether a court of equity will entertain jurisdiction in a case like this ? It is insisted, in argument, that the complainant is without remedy in any form, until the actual advance of the money due from his principal. At law, the position is doubtless correct. An action to recover for money paid for another, does not lie, unless payment is made and proved ori the trial, nor can the principal'debtor be made liable at law for subjecting his surety to the-peril of paying his debt, until the injury actually accrues by payment. This is all very true; but there…
2Cases cited1 opinion
- Stump v. RogersOhio Supreme Court · 1824