Harvey v. Drew

Citations

• 82 Ill. 606

Syllabus

<p>1. Pleading—plea to suit for contribution. Where one joint debtor is sued and compelled to pay a debt, and sues his co-obligor for contribution, alleging the recovery of judgment against himself and its satisfaction, a plea by the defendant that the court had no jurisdiction of his person, by service or otherwise, presents no defense to the action. If the suit was upon the judgment, it would be otherwise.</p> <p>2. Judgment—when no jurisdiction. A party can not have execution of a judgment rendered in another State, where the court had no jurisdiction either of the subject matter or of the person of the defendant.</p> <p>3. Contribution—right to recover. The principle is well settled, that one obligor or surety who advances money for a co-obligor or co-surety, may be indemnified to the extent of his advances for such other party.</p> <p>4. Where one of two joint obligors discharges the indebtedness, either with or without suit and legal compulsion, he may maintain. his action against,his co-obligor for contribution.</p> <p>5. In a suit by one obligor against his co-obligor, for contribution for money advanced to discharge a joint indebtedness, it is competent for him to plead, or even prove under the common counts, that the money was not voluntarily advanced, but was paid under compulsion, by judicial process.</p> <p>6. Parol evidence—to shoio for what judgment was recovered. In a suit by one joint obligor against another, for contribution for money paid under a judgment rendered in another State, parol testimony is admissible to show for what the judgment was recovered, not to contradict the record, but to show the real cause of action involved in the litigation.</p> <p>7. Remedy—whether at law or in equity. If two parties contract a joint indebtedness, not as partners but as joint purchasers, and one is compelled 'to pay money for the other on such indebtedness, his remedy is at law and not in equity, notwithstanding equities may have arisen since the making of