Jeffries v. Ferguson
| Decision Date | 31 October 1885 |
| Citation | 87 Mo. 244 |
| Parties | JEFFRIES v. FERGUSON, Administrator, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Franklin Circuit Court.--D. Q. GALE, ESQ., Special Judge.
AFFIRMED.
T. A. Lowe for appellant.
Crews & Booth for respondent.
C. S. Jeffries and James N. Inge were sureties on a note given by Chas. R. Jeffries to one Roberts. Before and after judgment on the note, C. S. Jeffries paid off the debt, and then presented his demand to the probate court, asking to have the one-half of the amount so paid, first deducting the proceeds of certain securities, allowed against the estate of Inge, the cosurety. The contention that the plaintiff could only sue in a court having full and complete equity jurisdiction is not well taken. Courts of law have adopted the equitable doctrine of contribution, and award relief to one surety who has paid more than his share. The surety paying the debt may have his action at law against the other surety for any excess which he has paid over his proportionate share. Van Petten v. Richardson, 68 Mo. 380. The plaintiff's demand was allowed by the probate court, and he again recovered in the circuit court, to which the case was appealed. We have examined the evidence and are satisfied the estate received all credits to which it was entitled.
The judgment is affirmed.
All concur.
To continue reading
Request your trial
-
Quackenboss v. Harbaugh
...as between sureties, and has been adopted as a rule of common law in this State. Van Petten v. Richardson, 68 Mo. 379; Jeffries v. Ferguson, 87 Mo. 244; Leeper Paschal, 70 Mo. 124; Dysart v. Crow, 170 Mo. 275; Gregg v. Carroll, 201 Mo.App. 476; Skrainka v. Rohan, 18 Mo.App. 340. (5) One acc......
-
Cooper v. Cook
...Underwriters Mut. Ins. Co. v. Realty Co., 219 Mo.App. 194; Siegel v. Swartz, 117 F. 13; Van Petten v. Richardson, 68 Mo. 379; Jeffries v. Ferguson, 87 Mo. 244; District Tel. Co. v. S.W. Bell Tel. Co., 93 S.W.2d 23. (3) Irrespective of the error of the court in not decreeing partition, the c......
-
Hammons v. Ehney
...also developed a legal claim for contribution between co-obligors. Dysart v. Crow, 170 Mo. 275, 70 S.W. 689, 690 (1902); Jeffries v. Ferguson, 87 Mo. 244, 245 (Mo.1885); Van Petten v. Richardson, 68 Mo. 379, 380 (Mo.1878); Hoerrman v. Latham, 71 S.W.2d 70, 72 (Mo.App.1934); Hanna v. Hyatt, ......
-
State v. Ellison
...is said to conflict are: Schneider v. Maney, 242 Mo. 36, 145 S. W. 823; Van Petten v. Richardson, 68 Mo. loc. cit. 380, 382; Jeffries v. Ferguson, 87 Mo. 244; Baker v. Hunt, 88 Mo. 405; Dodd v. Winn, 27 Mo. 501; Vaughn v. Haden, 37 Mo. 178; Burrus v. Cook, 215 Mo. 496, 114 S. W. 1065; Hearn......