Coffee v. Tevis

Citations

• 17 Cal. 239

Syllabus

<p>Where one of two defendants in a joint judgment pays it, but not with the intention of discharging it, he is entitled to use the judgment for his protection and indemnity, and may enforce it against his codefendant for his legal proportion of the debt.</p> <p>Plaintiff sues to enjoin the enforcement of a judgment recovered by defendant T. against plaintiff G.; and avers that G. paid T. the amount of the judgment and procured an assignment of it to defendant V., who seeks to enforce it against plaintiff: Held, that on the trial, plaintiff could not be permitted to show that G. paid the judgment with the joint funds of himself and plaintiff, because the complaint avers the payment to have been made by G. .</p>