Horbach's Administrators v. Elder
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit, brought by Abraham Horbach, since deceased, to recover contribution from Samuel Elder, the defendant, for his share and proportion of certain money paid by said Horbach in discharge of a liability, to which, it was alleged, the defendant was subject in common with the said A. Horbach and others.
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Error to the District Court of Allegheny county. This was an action of assumpsit, brought by Abraham Horbach, since deceased, to recover contribution from Samuel Elder, the defendant, for his share and proportion of certain money paid by said Horbach in discharge of a liability, to which, it was alleged, the defendant was subject in common with the said A. Horbach and others. Davidson and Pennock, as administrators, &c., of Horbach, were substituted in his stead, after verdict. In the fall of 1837, Abraham Horbach, the decedent, Samuel Elder, the defendant, together with three other persons,…
1Opinion of the Court
The opinion of the Court was delivered by
Coulter, J.
This is a case where contribution ought to be enforced. It is so in equity. It is so in law. There can be no doubt but that McCall would be liable to contribute to each and to every partner, as the accident happened through the negligence of his driver. Horbach stands in the attitude of one partner who paid money by compulsion of law, which Elder was equally liable for with himself. Having paid Elder’s share, Elder is bound to refund to him. If McCall is ultimately bound to each and every one, Elder has his remedy against him. But as they…
2Cases cited1 opinion
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
3Cited by17 opinions
- Keitz v. National Paving & Contracting Co.Court of Appeals of Maryland · 1957
- Goldman v. Mitchell-Fletcher Co.Supreme Court of Pennsylvania · 1928
- Mellon EstateSupreme Court of Pennsylvania · 1943
- Rau v. MankoSupreme Court of Pennsylvania · 1940
- Baxter v. WunderSuperior Court of Pennsylvania · 1926
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