Cuyler v. Ensworth
New York Court of Chancery
This was an appeal from a decision of a vice chancellor, refusing to appoint a receiver of the property and effects of the defendant in' a creditor’s suit. The complainants and the defendant were the joint sureties of S. M. Smith, in a bond to the supervisors of Monroe county, for the faithful discharge of the duties of his office as county treasurer.
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This was an appeal from a decision of a vice chancellor, refusing to appoint a receiver of the property and effects of the defendant in' a creditor’s suit. The complainants and the defendant were the joint sureties of S. M. Smith, in a bond to the supervisors of Monroe county, for the faithful discharge of the duties of his office as county treasurer. Smith died insolvent, and a judgment was afterwards recovered against all the sureties jointly, for about S5000. Tile defendant neglected to pay any part of the judgment, atid the complainants paid the whole to the plaintiffs therein ; by which,…
1Opinion of the Court
The Chancellor.
The equitable principles of the civil law as to suretyship, have long since been established as the law of this court upon that subject. One of the fundamental principles of that law is that co-sureties, or joint cautioners, are bound to contribute equally as between themselves, to the discharge of the common burden ; and another is that if one surety pays the whole debt for which they were jointly bound, he is entitled to a cession of the rights and remedies of the creditor, not only as against the principal debtor, but also as against his co-sureties. Or more properly,…
2Cases cited1 opinion
- M'Mahon v. FawcettSupreme Court of Virginia · 1824
3Cited by28 opinions
- Corey v. WhiteNew York Supreme Court · 1848
- Smith v. RumseyMichigan Supreme Court · 1876
- Townsend v. . WhitneyNew York Court of Appeals · 1878
- Asylum of St. Vincent De Paul v. McGuireNew York Court of Appeals · 1925
- Phelps v. ScottSupreme Court of Missouri · 1930
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