Boardman v. Paige
Superior Court of New Hampshire
Assumpsit, for money paid, &c. The writ was dated May 27, 1839. For pleas, the defendant filed the general issue and statute of limitations.
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Assumpsit, for money paid, &c. The writ was dated May 27, 1839. For pleas, the defendant filed the general issue and statute of limitations. The action was brought against the defendant for contribution, and was tried at the August term of the court of common pleas for this county. 1840. The plaintiff proved that he, with the defendant and others, signed anote, dated July 9th, 1830, for $>300, payable on demand, with interest annually, running to Calvin Benton, or order—that on the 29th day of July, 1836, an action was commenced on said note, by Francis Russell, the holder, against the…
1Opinion of the Court
Woods, J,
The first question that is presented by the case, is one of contribution among joint promisers.
The result of the authorities upon this subject would seem to be, that where joint promisers or co-sureties have received *434equal benefits, or been relieved from common burthens, each shall recover over against the other, contribution for the excess paid by him beyond his due proportion or equal share. Fletcher vs. Grover, ante 368, and authorities there cited.
Upon the rule of law there stated, so far as the instructions of the court to the jury recognized the right of the plaintiff to…
2Cases cited5 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Odlin v. GreenleafSuperior Court of New Hampshire · 1825
- Dunlap v. WaldoSuperior Court of New Hampshire · 1833
- Peaslee v. BreedSuperior Court of New Hampshire · 1839
- Sibley v. McAllasterSuperior Court of New Hampshire · 1836
3Cited by2 opinions
- Currier v. FellowsSuperior Court of New Hampshire · 1853
- Whipple v. StevensSuperior Court of New Hampshire · 1848