Adams v. DeFrehn

Citations

• 27 Pa. Super. 184
• 1905 Pa. Super. LEXIS 30

Syllabus

<p>Principal and surely — Contribution—Action—Joint action.</p> <p>When two or more jointly pay a debt for which they are jointly liable with another, the payment being joint, those who have made it may maintain a joint action against their cosurety, to enforce contribution.</p> <p>Where a note made by a corporation and indorsed by several persons is protested for nonpayment and one of the .indorsers refuses to join in the indorsement of a renewal note, and the other indorsers indorse a renewal note, have it discounted and apply the proceeds to the payment of the old note and then sue the other indorser for contribution, the latter is entitled to have it determined by the jury whether the new note was not given as a renewal of the old note, and therefore a payment of the old note by the corporation, and also whether the plaintiffs had agreed to give time to the corporation on the old note, in which case defendant would be relieved from contribution.</p> <p>In such a case if it appeared that the liability of the corporation upon the old note remained unchanged by the subsequent dealings, and the new note was simply taken by the plaintiffs as a security collateral to the original obligation, the defendant as a cosurety was deprived of no right, and upon payment of the original note by his cosureties he could be called upon to make contribution, although he would be entitled to credit for his pro rata share of any amount realized upon the new note.</p>