Frink v. Peabody
Appellate Court of Illinois
Appeal from the Circuit Court of Christian County; the Hon. J. A. Creighton, Judge, presiding. . This was a bill in chancery filed by the appellee against the appellants.
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Appeal from the Circuit Court of Christian County; the Hon. J. A. Creighton, Judge, presiding. . This was a bill in chancery filed by the appellee against the appellants. The cause having been heard on pleadings and proofs, the following decree was rendered: “The court being advised, etc., finds that it lias jurisdiction of the parties and the subject-matter; that on the 7th of February, 1877, one Henry Tanner, as principal, and William S. Frink and Elias S. Peabody, as sureties, executed and delivered to Reuben Wilkinson a promissory note for $3,673.14, payable to him in ninety days from…
1Opinion of the CourtWall, J.
The authorities are not harmonious upon the question whether one of several joint defendants may pay a judgment against them and still keep it on foot for any purpose. We see no reason why a surety may not be permitted to use the judgment as a means of enforcing contribution against his co-surety, and to this end he might furnish money to a third person to purchase the judgment. Freeman on Judgments, Sec. 472. This, however, would be permissible only when the circumstances are such as to render it equitable to require contribution between the sureties. If one of them holds an indemnity he…
2Cited by1 opinion
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