Miller v. Woodward
Supreme Court of Missouri
ERROR to Ray Circuit Court. 1. Whenever a security pays the debt of his principal, equity will subrogate the former to all the rights and remedies of the creditor against the latter.— Wendall vs. Van Renssellaer, 1 Johns. C. Rep., 343; Wiser vs. Blakely and Others, Ibid., 437; Brown vs. Rickets, 3 Johns. C. Rep., 553; Hays vs. Ward, 4 Johns.
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ERROR to Ray Circuit Court. 1. Whenever a security pays the debt of his principal, equity will subrogate the former to all the rights and remedies of the creditor against the latter.— Wendall vs. Van Renssellaer, 1 Johns. C. Rep., 343; Wiser vs. Blakely and Others, Ibid., 437; Brown vs. Rickets, 3 Johns. C. Rep., 553; Hays vs. Ward, 4 Johns. C. Rep., 123; Finsley vs. Oliver, 5 Munf., 419. 2. After funeral expenses and expenses of last sickness of decedents, the State’ is a preferred creditor, (Rev. Stat,, p. 55, sec. 1,) and a security having paid a debt due from the deceased to the State is…
1Opinion of the CourtNapton, Judge
This was a bill in chancery, filed by the plaintiff in error against Woodward & Thornton, administrators of the estate of William W. Mauzey, deceased, and John S. Wilkerson, James S. Ball, and others, creditors of said estate. The bill alleges, that in the year 1836, the complainant, in connection with three others, became securities in a collector’s bond for William W. Mauzey, in the penal sum of ten thousand dollars, conditioned for the faithful performance of his duties in that office; that, in 1837, Mauzey died intestate, and defendants, Woodward & Thornton, administered upon his estate;…
2Cases cited1 opinion
- Hayes v. WardNew York Court of Chancery · 1819
3Cited by42 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Scott v. RoystonSupreme Court of Missouri · 1909
- Suppiger v. GruazIllinois Supreme Court · 1891
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