de Paris v. Wilmington Trust Co.

Citations

• 30 Del. 178
• 7 Boyce 178
• 1 A.L.R. 1352
• 104 A. 691
• 1918 Del. LEXIS 41

Syllabus

<p>1. Guaranty—Contribution—Enforcement.</p> <p>If a coguarantor pays the whole debt, he may compel the other to pay one-half thereof by action at law based on an implied promise.</p> <p>2. Executors and Administrators—Privity Between Domiciliary and Ancilliary Administrators.</p> <p>There is no privity between a domiciliary and an ancilliary administrator, there being but one estate, and both being in privity with decedent and his estate but-not with each other.</p> <p>3. Executors and Administrators—Suit by Administrator—Foreign Judgments.</p> <p>A domiciliary administrator may sue in his own name in another state on a judgmeht recovered by him in his representative capacity in the state of the domicile, because the judgment is his property.</p> <p>4. Executors and Administrators—Domiciliary and Ancilliary Administrators .</p> <p>Where a contract of guaranty was executed in Venezula by two coguarantors, and one of them died after demand for payment and the debt was paid by his succession in Venezuela, an ancilliary administrator of his estate appointed in Delaware could not enforce contribution from the coguarántor; there being no privity of estate between the two administrators.</p>