Pease v. Syler

Citations

• 78 Wash. 24
• 138 P. 310
• 1914 Wash. LEXIS 975

Syllabus

<p>Bills and Notes — Rights or Accommodation Maker — Attorney’s Fees — Subrogation. A co-maker of a joint and several note wko signed for accommodation and was only secondarily liable thereon, upon being compelled to pay the note, is subrogated to the rights of the creditor, and entitled to recover, as owner and holder of the note, the stipulated attorney’s fee in an action thereon against the principal maker; especially in view of Rem. & Bal. Code, § 3509, providing in what manner a negotiable instrument is discharged, and § 3511, providing that it is not discharged when paid by the party secondarily liable thereon, who may thereupon strike subsequent indorsements and negotiate it.</p>