Robertson v. Deatherage

Citations

• 82 Ill. 511

Syllabus

<p>1. Contribution—as between cosureties. Although a surety may compel contribution from his co-sureties when he has paid a debt for which they are jointly liable, yet such sureties may, by agreement among themselves, so far sever their unity of interest and obligation as to terminate the right of contribution.</p> <p>2. Same—relations of makers of note to each other may be shown by parol evidence. It is competent for a maker of a note, in a suit against another maker for contribution, to prove by parol evidence the relations the parties to the note sustained to each other—whether principal and surety or co-sureties.</p> <p>3. Same—surety not liable to his principal for contribution. Where a party signs a note as security for one who is himself only a surety for the principal maker, he is not liable in a suit for contribution by the one for whom he signed as security.</p>