Jackson v. Murray
Texas Supreme Court
Error from Coleman. Tried below before Hon. J. C. Randolph. This suit was brought by W. F. Murray and J. F. Taylor against C. Fountain and J. J. Jackson. The petition shows that plaintiffs and J. J. Jackson were sureties on two promisory notes for C. C. Fountain, the principal; that plaintiffs paid off and discharged the notes after their maturity.
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Error from Coleman. Tried below before Hon. J. C. Randolph. This suit was brought by W. F. Murray and J. F. Taylor against C. Fountain and J. J. Jackson. The petition shows that plaintiffs and J. J. Jackson were sureties on two promisory notes for C. C. Fountain, the principal; that plaintiffs paid off and discharged the notes after their maturity. It was stipulated in the notes that 10 per cent additional as attorney fees should be paid in case suit was brought to collect the same— that is, 10 per cent on the amount due on the notes at the time of suit. Plaintiffs prayed for judgment against…
1Opinion of the Court
COLLARD, Judge.
—The ground upon which a surety is entitled to contribution is that he has paid the debt for which he and his cosurety were bound. He could not maintain the suit for contribution on the original contract. Holliman v. Rogers, 6 Texas, 91.
If the debt be just and can be enforced against the sureties, one of them may pay the same and claim contribution. He need not wait until he is compelled to pay by suit. Glasscock v. Hamilton, 62 Texas, 143.
The petition charges that plaintiffs paid the notes in which Fountain was principal and they and defendant Jackson were cosureties, and they…
2Cases cited2 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Holliman v. RogersTexas Supreme Court · 1851
3Cited by14 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Miller v. MilesCourt of Appeals of Texas · 1966
- Hazleton v. HoltCourt of Appeals of Texas · 1926
- Patterson v. FullerCourt of Appeals of Texas · 1937
- Beville v. BoydCourt of Appeals of Texas · 1897
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