Lumpkin v. Mills
Supreme Court of Georgia
In Equity, in Floyd Superior Court, before Judge Wright. October Term, 1847. The facts of the case are embodied in the opinion of the Court. contended : I. A surety paying off the debt of the principal, for which he is bound, has no right that can be enforced in Equity, to have the debt assigned to him; but has only the right to have independent collateral securities, so assigned. 1 Story’s Eg.
Read the full summary
In Equity, in Floyd Superior Court, before Judge Wright. October Term, 1847. The facts of the case are embodied in the opinion of the Court. contended : I. A surety paying off the debt of the principal, for which he is bound, has no right that can be enforced in Equity, to have the debt assigned to him; but has only the right to have independent collateral securities, so assigned. 1 Story’s Eg. Jur. 513, 14.— Gopis vs. Middleton, 1 Turner Ituss, 224, 229. Jones vs. David, 3 Gond. Eng. Gh. 665. Theobald, Prin’l and Surety, 173, 4. II. The assignment of a debt which has been paid, would be a…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
This was a Bill filed by the plaintiff in error, as Administrator, to marshal the assets of his intestate. The defendant in his answer, set forth, that as surety for the plaintiff’s intestate upon a note of hand under seal, he had paid the debt of his principal, and therefore claimed in equity, to be subrogated to the rights of the creditor, and to come in, in the marshalling of the assets, as a bond creditor. The plaintiff in error claims that ho is only an open account creditor. The question, therefore, and the only question made upon this…
2Cases cited4 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Cuyler v. EnsworthNew York Court of Chancery · 1836
3Cited by17 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Fox v. KroegerTexas Supreme Court · 1931
- Yule v. BishopCalifornia Supreme Court · 1901
- Hull v. MyersSupreme Court of Georgia · 1893
- Yule v. BishopCalifornia Supreme Court · 1900
12 more not listed; retrieve them via the Exa API.