Hayden v. Thrasher
Supreme Court of Florida
Appeal from tbe Circuit Court for-Alachua county. The appellant filed his bill in chancery in- the Circuit Court of Marion county against the appellees, Barton H. Thrasher personally and as trustee for his wife, L. A. Thrasher, and her children, William A. Dickinson, Early W. Thrasher personally and as trustee for his wife and children, and George W. Means as trustee for Mattie S. Means and her children, charging as .follows : That on June 1st, 1875, Barton H. Thrasher…
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Appeal from tbe Circuit Court for-Alachua county. The appellant filed his bill in chancery in- the Circuit Court of Marion county against the appellees, Barton H. Thrasher personally and as trustee for his wife, L. A. Thrasher, and her children, William A. Dickinson, Early W. Thrasher personally and as trustee for his wife and children, and George W. Means as trustee for Mattie S. Means and her children, charging as .follows : That on June 1st, 1875, Barton H. Thrasher solicited appellant to indorse for accommodation six promissory notes made by W. L. Thrasher, payable, to his own order,…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
It is a well established rule that where one of several sureties pays a debt for which all the sureties are liable, the *805party so paying may compel contribution from the other .sureties pro raía, and this he may do at law or in equity. It is further established that in equity he may compel thé solvent sureties to contribute pro rata according to the number of such solvent sureties. See Story’s Eq. Jur., §§494, 497, and notes.
From the nature of the transaction by which the liability was created there may arise an exemption of one of the…
2Cases cited2 opinions
- Tucker v. TuckerSupreme Court of Missouri · 1860
- West v. ChastenSupreme Court of Florida · 1868
3Cited by10 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Glades County, Fla. v. Detroit Fidelity & Surety Co.Court of Appeals for the Fifth Circuit · 1932
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Bailey v. InmanSupreme Court of Florida · 1932
- Williams v. TravisCourt of Appeals for the Fifth Circuit · 1922
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