Cuyler v. Ensworth

Citations

• 6 Paige Ch. 32
• 1836 N.Y. LEXIS 290
• 1836 N.Y. Misc. LEXIS 107

Syllabus

<p>Where four persons became joint sureties in the official bond of a county treasurer, who afterwards misapplied the funds of the county and died insolvent, and a judgment was thereupon recovered against the four sureties in the bond, jointly, and three of them afterwards paid the whole amount of the debt and costs, and an execution was issued upon the judgment for their benefit, on which the sheriff was directed to levy one fourth of the amount of the judgment of the property of their co-surety, which execution was subsequently returned unsatisfied; Ileld that the three sureties who had paid the whole debt and costs, could file a creditor’s bill in their own names against their co-surety to obtain satisfaction of his rateable proportion of the judgment, out of his equitable interest and choses in action which could not be reached by the execution at law.</p> <p>Joint sureties are bound as between themselves to contribute equally to discharge the debt for which they are jointly holden, and if one of them pays the whole, he is, in equity, subrogated to all the rights and remedies of the original creditor for the payment of his debt, not only as against the principal debtor, but also as against the co-sureties, to the extent they are equitably bound to contribute,</p>