Moore v. Drew

Citations

• 51 La. Ann. 740
• 25 So. 402
• 1899 La. LEXIS 462

Syllabus

<p>Syllabus.</p> <p>1. Plaintiff, surety on a twelve months’ bond, paid it, and sues defednant, co-surety, for one-half of amount so paid, alleging insolvency of the principal and other co-sureties.</p> <p>2. Held : Under the facts and circumstances disclosed, equity and good conscience alike preclude his recovery.</p> <p>3. And in law he must be held responsible both for failure t.o take timely action, after he had paid the bond, to protect it by means of the property, the purchase price of which, with the vendor’s privilege retained, it represented ; and for the situation now existing, rendering subrogation unavailing, and preventing recourse against the property to recoup those who have paid it, or might now be held liable on its account.</p>