Acers v. Curtis

Citations

• 68 Tex. 423
• 4 S.W. 551
• 1887 Tex. LEXIS 710

Syllabus

<p>I. Principal and Surety—Contribution—Equity.—One of several co-sureties who voluntarily pays a note, the principal debtor being insolvent, is entitled in a suit to enforce contribution against his co-sureties to recover from each his aliquot proportion of the original debt, according to .the number of the original sureties who are solvent; he also must sustain his proportion of the loss resulting from insolvency.</p> <p>2. SAME.—In such a suit by a surety who has voluntarily paid the debt, the per cent as attorney’s fees in addition to the debt, stipulated for as attorney’s fees in the event of suit, can not be collected; a pro rata contribution on the amount actually paid only can be enforced.</p>