Parshelsky v. Palley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Palley, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of December, 1914, denying the defendant’s motion for a jury trial.
1Opinion of the Court
Thomas, J. :
’ The parties are cosureties on a bond conditioned to secure the payment of the judgment. The plaintiff has paid the judgment and taken an assignment thereof, and brings this action to recover from the defendant one-half of the sum paid, with interest. The plaintiff noticed the action for trial at Special Term, and the defendant appeals from an order denying a demand for a trial by jury. The answer presumably served does not appear.
“ The doctrine of contribution among sureties is founded on a general principle of equity and justice. Sureties are in cequali jure, and must bear the…
2Cases cited5 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- Rindge v. . BakerNew York Court of Appeals · 1874
- Easterly v. . BarberNew York Court of Appeals · 1876
- Bradley v. BurwellNew York Supreme Court · 1846
- Jewett v. MaythamNew York Supreme Court · 1909