Gordon v. Rixey's Adm'r

Citations

• 86 Va. 853
• 11 S.E. 562
• 1890 Va. LEXIS 52

Syllabus

<p>3, Equitable set ope—Cane at bar.—B. had judgment against R. for a large sum. Afterwards R. as surety on B.’s official bond as county treasurer, was compelled to pay a larger sum. Previously B. had assigned all his property, except his claim against R., to S. as trustee, and S. claiming the judgment by some “ parol trust,” directed it to be marked for his benefit as such trustee: held, R. is entitled in equity to set off the amount paid by him as B.’s surety against the judgment in the hands of S., who, at most, could only take it subject to all equities against B.</p> <p>2. Contribution.—When surety has paid more than his portion of a joint debt, he can demand contribution from his co-surety, but only for the excess he paid over his portion.</p>