Fidelity & Deposit Co. v. Buckley
Supreme Court of New Hampshire
Bill in Equity, praying that the defendant be ordered to mortgage to the plaintiffs certain realty described in his application for a liquor license bond, or to mortgage sufficient real estate to indemnify the plaintiffs from liability on the bond, and for such other relief as may be just.
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Bill in Equity, praying that the defendant be ordered to mortgage to the plaintiffs certain realty described in his application for a liquor license bond, or to mortgage sufficient real estate to indemnify the plaintiffs from liability on the bond, and for such other relief as may be just. The question whether upon the facts hereinafter stated the plaintiffs are entitled to the relief prayed for, or to any relief, was transferred from the December term, 1909, of the superior court by Chamberlin, J. April 2, 1904, the defendant made a written application to the plaintiffs to become surety upon…
1Opinion of the CourtPaksoks, C. J.
The plaintiffs at the defendant’s request became surety for him. If as such surety they should be compelled to pay anything, they could as matter of law recover the amounts so paid of the defendant, whether he did or did not expressly agree to repay them. But in his application for a bond, in which he requested them to become surety for him, which has been made a part of the case, he expressly agreed to reimburse them for all expense that might be occasioned them by assuming that relation. “ The contract stated is one of indemnity, in which cases it is usual to afford redress by a decree for…
2Cases cited2 opinions
- Champion v. BrownNew York Court of Chancery · 1822
- Shockley v. DavisSupreme Court of Georgia · 1855
3Cited by1 opinion
- Maryland Casualty Co. v. GendronSupreme Court of New Hampshire · 1942