Mason v. Pierron
Wisconsin Supreme Court
APPEAL from tire Circuit Court for Fond du Lao County. This is an appeal by the plaintiffs from an order sustaining the demurrer of the defendant Pierron to the complaint. The case made by the complaint is this: June 21, 1882, the city of Fond du Lac recovered judgment for over $31,000 against John Hughes, James Gaynor, Charles B. Bartlett, Robert A. Baker, the plaintiff M. D. Moore, and the defendant Leon Lallier.
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APPEAL from tire Circuit Court for Fond du Lao County. This is an appeal by the plaintiffs from an order sustaining the demurrer of the defendant Pierron to the complaint. The case made by the complaint is this: June 21, 1882, the city of Fond du Lac recovered judgment for over $31,000 against John Hughes, James Gaynor, Charles B. Bartlett, Robert A. Baker, the plaintiff M. D. Moore, and the defendant Leon Lallier. The action was upon the official bond of the defendant Pierron as treasurer of said city, in which the persons above named were sureties. Pierron was also a defendant in the…
1Opinion of the Court
LyoN, T.
Actions to enforce contribution between sureties, and to subrogate a surety who has paid the debt of the principal debtor to the securities and rights of the creditor, are constantly sustained by courts of equity, and have been from the earliest times. In so far as this action seeks to compel the defendant Lallier to reimburse the plaintiffs such sum as, between the sureties, he equitably ought to pay upon the judgment, it was properly brought as an equitable action, although courts of law have a very extensive concurrent .jurisdiction over the same subject. The right of the…
2Cases cited8 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Cornell v. RadwayWisconsin Supreme Court · 1867
- Damon v. DamonWisconsin Supreme Court · 1871
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Gates v. BoomerWisconsin Supreme Court · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Towns v. SmithIndiana Supreme Court · 1888
- Estate of KochWisconsin Supreme Court · 1912
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Nelson v. WebsterNebraska Supreme Court · 1904
- Mason v. PierronWisconsin Supreme Court · 1887
8 more not listed; retrieve them via the Exa API.