Pomeroy, Patterson, Jacobs & Co. ex rel. Hower v. Sterrett

Citations

• 183 Pa. 17
• 38 A. 476
• 1897 Pa. LEXIS 708

Syllabus

<p>[Marked to be reported.]</p> <p>Execution — Direction to sheriff — Contribution.</p> <p>The plaintiff in an execution may properly assist the sheriff in the collection of a debt due him by suggestions as to where property may be found, as to which of several defendants has personal property that maybe reached by levy, or in any other proper and pertinent manner; but he may not settle controversies between the defendants by intervening between them so as to destroy the right of contribution which the law gives them.</p> <p>Corporation — Increase of debt — Agreement of stockholders to pay debt— Contribution — Execution.</p> <p>Eighteen stockholders of a corporation became sureties for the payment of the debt of the company, and confessed judgment against themselves for the sum. The debt had been contracted about throe years prior to the confession of the judgment, in an illegal manner, by three of the directors, who joined in the confession of judgment. Part of the judgment was paid, and the balance was assigned lo If., who had purchased the judgment as agent of fifteen of the defendants. He issued execution upon the judgment and instructed the sheriff to proceed against the three defendants under whose directorship he alleged the debt had been illegally created. Held, that it was proper for the court below to restrain the sheriff from collecting from the three directors more than their equal shares of the amount due, unless he should be unable to collect the share of one or more of the other defendants.</p>