Skillin v. Merrill
Massachusetts Supreme Judicial Court
Assumpsit by one surety against the other for contribution. The case agreed by the parties was thus: One Lane was arrested by a constable of Portland upon mesne process sued out by one Walker, and the plaintiff and defendant became bound with him to the sheriff of Cumberland, in a bond conditioned for his appearance and for his ■ abiding the judgment in that suit. The plaintiff executed the bond at the request of the defendant, whose kinsman Lane was.
Read the full summary
Assumpsit by one surety against the other for contribution. The case agreed by the parties was thus: One Lane was arrested by a constable of Portland upon mesne process sued out by one Walker, and the plaintiff and defendant became bound with him to the sheriff of Cumberland, in a bond conditioned for his appearance and for his ■ abiding the judgment in that suit. The plaintiff executed the bond at the request of the defendant, whose kinsman Lane was. The sheriff returned non est inventus upon Walker’s execution, who thereupon sued his scire facias against the now plaintiff and defendant.…
1Opinion of the CourtParker, C. J.
This action, being for contribution by one surety against another, cannot be maintained, except by showing a just and equitable ground for contribution. In the case of a voluntary payment of money actually due, to avoid a suit, there is no doubt that he who pays the money may compel his co-surety to contribute. But the contract in this case is of a different nature. The principal in the bond has stipulated that he will abide the judgment upon the suit, and the sureties are only answerable for the debt in case of his default, and the law secures to the bail or sureties the privilege of…
2Cited by10 opinions
- Bailey v. BussingSupreme Court of Connecticut · 1859
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Waters v. WatersSupreme Court of Connecticut · 1930
- Amos v. BennettMassachusetts Supreme Judicial Court · 1878
- State ex rel. Terry v. BlakemoreTennessee Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.