Hutchinson Wholesale Grocer Co. v. Brand

Citations

• 79 Kan. 340
• 99 P. 592
• 1909 Kan. LEXIS 188

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parties—Surety■—Action to Compel Principal to Pay. A surety on a matured debt may maintain action against the principal to compel its payment without showing any fraudulent disposition of property or other special reasons for fearing loss.</p> <p>2. Judgments—Action by Surety to Compel Principal to Pay. Where such an action is brought by the surety in the same court in which the obligation on which both are liable has already been placed in judgment against the principal, a proper method for accomplishing the purpose sought is the rendition of a personal judgment for the amount involved, with a provision that when collected it shall be paid into court for the benefit of the owner of the original judgment.</p> <p>3. -Immaterial Error—Surplusage. In such a case the addition of an order that if the judgment be not paid within a stated time the principal be cited to show cause why he should not be held to be in contempt of court is not ground of reversal, but may be rejected as surplusage.</p>