Fisher v. Schwabacher Hardware Co.

Citations

• 112 Wash. 240
• 191 P. 1104
• 1920 Wash. LEXIS 735

Syllabus

<p>Subrogation (1)—Sureties or Guarantors. Where a co-guarantor of the debts of an insolvent corporation for the year 1914, died and his estate was compelled to pay in full the judgment recovered on the guaranty, the estate or its successor in interest might enforce contribution from the surviving guarantor; and hence is entitled to be subrogated to the rights of the judgment creditor in and to dividends from the bankrupt estate which had by agreement with the surviving guarantor been all applied upon an additional guaranty of the insolvent debts for the subsequent year to which the estate was not a party or liable thereon.</p> <p>Judgment .(70, 109)—Entry—Time fob Entry—Vacation—Irrequlabjties. Where a motion for a new trial was granted unless plaintiff remitted $2,000 from the verdict, the clerk’s entry of judgment on the verdict after denial of motion for judgment notwithstanding the verdict, although not immediately, as required by Rem. Code, § 431, was proper, the remission of $2,000 being thereafter entered as a credit on the execution docket; and it was error to vacate it as being entered contrary to instruction.</p>