Lindblom v. Johnston

Citations

• 92 Wash. 171
• 158 P. 972
• 1916 Wash. LEXIS 1137

Syllabus

<p>Limitation of Actions — Arising From Written Contract — Implied Liability — Contribution. An action to enforce contribution from a cosurety upon a bond falls within Rem. & Bal. Code, § 157, subd. 2, providing that an action upon a . . . contract express or implied arising out of a written agreement, may be commenced at any time within six years after the cause of action accrued.</p> <p>Principal and Surety — Contribution—Actions—Laches. An action for contribution from a cosurety on a bond is not barred by laches from the mere fact of delay short of the period of the statute of limitations, where there was no intervening change in the condition or relation of the parties to the prejudice of the party to be charged.</p> <p>Same — Liability of Cosurety — Contribution — Defenses. The liability of a surety on a bond to contribute one-third of the amount paid by two of his cosureties in satisfaction of a judgment entered against all of them is not affected by the fact that by delay the right of action was lost against other cosureties liable whose duty it was to contribute, where he neither paid nor offered to pay his proportion but repudiated the liability.</p> <p>Same. It is not a defense to an action for contribution from a cosurety on a bond that the surety making payment of the judgment did so with the check of a corporation which he reimbursed, as the same was merely advanced as a temporary loan by a party not liable.</p> <p>Same — Liability of Cosurety — Payment—Assignments. Contribution by one cosurety of one-half of the amount of the judgment paid by another cosurety is not a voluntary payment, and he could assign his right to contribution from other cosureties for the purposes of a suit for contribution.</p> <p>Trial — Advisory Verdict. In an equitable action for contribution from cosureties, the verdict of a jury is advisory, and it is not error to direct judgment in disregard of the verdict.</p> <p>New Trial — Grounds—Absence of Witness — Diligence. It is n