Evans v. Beddinger

Citations

• 26 Ohio C.C. Dec. 494
• 24 Ohio C.C. (n.s.) 553

Syllabus

<p>PRINCIPAL AND SURETY— SET=OFF.</p> <p>Surety on Replevin Bond Entitled to Benefit of Judgment Obtained by Principal Against Defendant in Damages for Breach of Contract.</p> <p>A surety on a replevin bond is entitled to the benefit of any valid judgment obtained by his principal against the defendant in an action for damages on account of breach of contract with reference to the same property involved in the replevin suit, and the issue of execution against the surety should be stayed until such right of set-off has been determined.</p>