Van Petten v. Richardson
Supreme Court of Missouri
Error to Pettis Circuit Court. — Hon. ¥m. T. Wood, Judge. This action was brought before a justice of the peace by the plaintiff, to recover of defendant one-sixth of the costs of a judgment, obtained against plaintiff and defendant and five others, one of whom was insolvent; which costs the plaintiff alleged he was compelled to pay, and did pay by a sale of his property under execution. On appeal to the circuit court judgment was rendered for the defendant.
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Error to Pettis Circuit Court. — Hon. ¥m. T. Wood, Judge. This action was brought before a justice of the peace by the plaintiff, to recover of defendant one-sixth of the costs of a judgment, obtained against plaintiff and defendant and five others, one of whom was insolvent; which costs the plaintiff alleged he was compelled to pay, and did pay by a sale of his property under execution. On appeal to the circuit court judgment was rendered for the defendant. It will not be denied that as between co-defendants they are liable to each other for contributions each for his aliquot part, dividing…
1Opinion of the Court
Sherwood C. J.
It was at first denied in the courts of common law, that any right to contribution could be maintained as between co-sureties or co-promisors. Eell’s Law of Guaranty and Suretyship, 295, and cases cited. Courts of equity, however, have from a remote period compelled contribution in such cases. 1 Story Eq. Jur., § 493, and cases cited. The principle on which such right is based, is said tobe this, that all who are in eqxiali jure, must bear the burden equally, and that this is but in couformity to the maxim that “ equality is equity.” Norton v. Coons, 3 Denio 130; Moore v. Moore,…
2Cases cited4 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- Morrison v. PoyntzCourt of Appeals of Kentucky · 1838
- Wynn v. BrookeSupreme Court of Pennsylvania · 1835
- Dodd v. WinnSupreme Court of Missouri · 1858
3Cited by18 opinions
- Hammons v. EhneySupreme Court of Missouri · 1996
- Appleford v. Snake River Mining, Milling & Smelting Co.Washington Supreme Court · 1922
- Phelps v. ScottSupreme Court of Missouri · 1930
- Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
- Starks v. KirchgraberMissouri Court of Appeals · 1908
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