Kolb v. . National Surety Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 23, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at an Equity Term. In December, 1897, Frank Smith recovered a judgment against this plaintiff and the defendants, Theodore Gr. Smith and Stephen W. Adwen, for $1,125.13, in an action to recover damages for wrongful and malicious conduct.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 23, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at an Equity Term. In December, 1897, Frank Smith recovered a judgment against this plaintiff and the defendants, Theodore Gr. Smith and Stephen W. Adwen, for $1,125.13, in an action to recover damages for wrongful and malicious conduct. Adwen appealed and gave an undertaking, with this respondent, the National Surety Company, as surety. Subsequently, his appeal…
1Opinion of the CourtGray, J.
The appellant argues that, when the surety company paid the judgment recovered by Smith, the effect was the same as though Adwen, for whom it was surety, had paid the judgment against him and his codefendants; that, as a judgment recovered in tort, it was extinguished by the payment and that no right of contribution against this plaintiff, or Theodore Smith, who were joint tort feasors with Adwen, survived, or existed. The general proposition is true that there is no right of contribution as between wrongdoers, which can be enforced; for a court of equity, which, alone, would have…
2Cases cited1 opinion
- Gilbert v. . FinchNew York Court of Appeals · 1903
3Cited by13 opinions
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- Maryland Casualty Co. v. GoughOhio Supreme Court · 1946
- Richardson v. American Surety Co.Supreme Court of Oklahoma · 1924
- Reimel v. Northwestern Trust Co.Supreme Court of Pennsylvania · 1931
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