Spire v. Spire

The opinion of the court was delivered by

Burch, J.:

The action was one by -the administrator of the maker of two promissory notes, who was in fact surety for his comaker, for reimbursement, after payment of the notes, and for subrogation to chattel security held by the payee. The plaintiff recovered, and the payee, who held other liens on the chattels to secure other obligations of the comaker, appeals from the decree of subrogation.

The notes were the last of a series of five given to the machine company for the price of farm machinery, and were secured by mortgage on an engine which was part…