Cotting v. Otis Elevator Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on May 13, 1912, by Charles E. Cotting and Francis C. Welch, trustees of the Department Store Trust, against the Otis Elevator Company, the Henry Siegel Company and Henry Siegel and Frank E. Vogel.
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Bill in equity, filed in the Supreme Judicial Court on May 13, 1912, by Charles E. Cotting and Francis C. Welch, trustees of the Department Store Trust, against the Otis Elevator Company, the Henry Siegel Company and Henry Siegel and Frank E. Vogel. The allegations of the bill in substance were as follows: The plaintiffs agreed with the defendants Siegel and Vogel to erect and to lease to them “a substantial building, suitable for use for dry goods and department store business, and equipped with movable stairways,” and, for the purpose of fulfilling such agreement, erected a building in…
1Opinion of the CourtSheldon, J.
There is no doubt that a plaintiff who is either a surety or has in equity the rights of a surety for an actual debt, or. who is under a merely secondary liability for the discharge of an existing obligation, may in equity compel his principal, or the person who by contract with himself or with his privity has incurred the primary liability, to pay the debt or perform the obligation and thus free the plaintiff from a charge or burden which, to his relief, ought to be borne by the principal or the primary debtor. If it were necessary to cite authorities for this undisputed proposition, those…
2Cited by7 opinions
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
- Schneider v. Armour & Co.Massachusetts Supreme Judicial Court · 1948
- Falvey v. Foreman-State Nat. BankCourt of Appeals for the Seventh Circuit · 1939
- Victor v. LevineMassachusetts Supreme Judicial Court · 1929
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