Young v. Shunk
| Decision Date | 20 June 1883 |
| Citation | 16 N.W. 402,30 Minn. 503 |
| Parties | Charles F. Young v. Jacob Shunk and others |
| Court | Minnesota Supreme Court |
Plaintiff brought this action in the district court for Goodhue county against defendants, as co-sureties with himself, seeking to enforce contribution from them. The action was tried before McCluer, J., and a jury, and, when both parties rested, the court, on defendants' motion directed a verdict in their favor.
From the uncontradicted evidence offered and received on the trial, it appeared that the defendants executed and delivered to the Davis Sewing-Machine Company their written guaranty to the amount of $ 2,000, dated June 26, 1876, for the performance by one Paulson of a certain contract made by him with the company on the same day; that, subsequent to the making of defendants' guaranty, plaintiff also executed and delivered to the same company his written guaranty for the performance of the same contract, dated on the same day and in the same words as defendants' guaranty, excepting that it was only to the amount of $ 1,000; that afterwards, Paulson having failed to perform his contract, the company brought suit against plaintiff upon his guaranty, and recovered judgment for its amount, which judgment plaintiff paid, and that plaintiff gave defendants due notice of such suit. It also appeared from plaintiff's evidence that, after defendants had executed their guaranty, it was presented by Paulson to plaintiff for his signature, and he refused to sign it, stating "that he would not sign a bond with anybody else; that he would become individually responsible for $ 1,000, for Mr. Paulson."
A motion for a new trial was denied, the court holding that the contracts of guaranty on their faces are distinct; that "evidence must be looked for outside of these instruments to connect them together and show that they refer to the same duty," and that the evidence introduced shows "that plaintiff did not intend the transactions should be connected, refused to sign a joint bond, and executed this independent obligation for the purpose of disconnecting himself entirely from the defendants," and citing and relying on Norton v. Coons, 3 Denio, 130. Plaintiff appeals from the order refusing a new trial.
Order reversed, and new trial ordered.
F. M. Wilson, for appellant, cited Woodworth v. Bowes, 5 Ind. 276; Cobb v. Haynes, 8 B. Mon. 137; Monson v. Drakeley, 40 Conn. 552; Breckenridge v. Taylor, 5 Dana, (Ky.) 110; Warner v. Morrison, 3 Allen, 566; Chaffee v. Jones, 19 Pick. 260; Norton v. Coons, 3 Denio, 130; Armitage v. Pulver, 37 N.Y. 494; Aspinwall v. Sacchi, 57 N.Y. 331; Bell v. Jasper, 2 Ired. Eq. (N. C.) 597; Harrison v. Lane, 27 Am. Dec. 607, and note; Deering v. Earl of Winchelsea, 2 Bos. & Pul. 270; S. C. 1 Lead. Cas. in Eq. 120-188; Brandt on Suretyship, §§ 220-224; De Golyar on Guaranties, 280; 13 Am. Law Reg. (N. S.) 529; 1 Story on Eq. Jur. § 495; 2 Wait's Act. & Def. 288; 2 Chitty on Cont. (11th Am. Ed.) 891; 1 Parsons on Cont. (6th Ed.) 36.
J. C. McClure, for respondent, cited Norton v. Coons, 3 Denio, 130; Barry v. Ransom, 12 N.Y. 462; Harris v. Brooks, 21 Pick. 195; Robison v. Lyle, 10 Barb. 512; Champion v. Griffith, 13 Ohio 228; Seymour v. Mickey, 15 Ohio St. 515; Morris v. Faurot, 21 Ohio St. 155; Lathrop v. Wilson, 30 Vt. 604; Adams v. Flanagan, 36 Vt. 408; Craythorne v. Swineburne, 14 Ves. 160; Brandt on Suretyship, §§ 17, 18, 220, 226.
Martin Paulson entered into a contract with the Davis Sewing-Machine Company. The defendants, by an instrument under seal, guarantied, to the amount of $ 2,000, the performance by Paulson of said contract. Afterwards, plaintiff, by a separate instrument under seal, guarantied, to the amount of $ 1,000, the performance by Paulson of the same contract. The plaintiff, having been compelled to pay the $ 1,000 by reason of Paulson's failure to fulfil his contract, brings this action to enforce contribution from defendants. They insist that he and they were not co-sureties.
Persons are co-sureties, so as...
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