Rosenbaum v. Goodman

Citations

• 78 Va. 121
• 1883 Va. LEXIS 19

Syllabus

<p>1. Subrogation-When applicable.-This principle applies on payment of debt or duty by one secondarily liable, and gives him right to enforce the debt against all whose liability, as compared with his own, is primary.</p> <p>2. Contribution-When applicable.-As subrogation is the means of procuring for the surety indemnity from the principal; so contribution founded on the same principle, equalizes co-sureties, by obliging such as have paid nothing, or less than their shares, to indemnify such as have paid more.</p> <p>3. Co-sureties-Who are.-Those bound for the same thing, though by different instruments, at different times and without one another’s knowledge, are co-sureties. Not so where the obligations are for wholly distinct things, though arisen from same principal indebtedness.</p> <p>4. Subrogation-Contribution-Co-siireties-Case at bar.-Just before E was adjudicated a bankrupt he sold L a lot of goods. The marshal seized them on claim that the sale was fraudulent. L replevied them, giving bond, with R as his surety, conditioned for their delivery on the decree of the district court. That court decreed that the sale was fraudulent and void, and that L deliver up the goods. L appealed to the circuit court with new sureties on his appeal bond. The circuit court affirmed the decree. With new sureties on his second appeal bond, L then appealed to the supreme court, which also affirmed the decree. By this time L had squandered the goods, become insolvent and died. R was compelled to pay their value to the bankrupt’s assignee ; and having paid it, filed his bill for indemity against the sureties of L on his appeal bonds. Court below dismissed the bill. On. appeal-</p> <p>Held (Fauntleroy, J, dissenting):</p> <p>1. The bill was properly dismissed.</p> <p>2. The sureties of L on his appeal bonds were not primarily bound as compared with R.</p> <p>3. Those sureties were not co-sureties of R, being bound for wholly distinct things ; R being bound for the delivery of th