Shaffer v. Messner

Citations

• 27 Pa. Super. 191
• 1905 Pa. Super. LEXIS 32

Syllabus

<p>Principal and surety — Subrogation—Rule to show cause — Practice, C. P.</p> <p>Where one of two joint and several obligors, who are cosureties for a third, under the pressure of an execution and a levy upon his personal property and real estate, pays the judgment for which all are jointly and severally liable, such surety may on a rule to show cause, enforce subrogation to the rights of the plaintiff as against his cosurety.</p> <p>Where a judgment is paid by a cosurety his right to subrogation cannot be defeated by satisfaction of the judgment.</p>