36 Pa. 442 | Pa. | 1860
The opinion of the court was delivered by
The first sureties of the guardian ought to have asked for “ counter securities,” or surety for their own indemnity
There is no difficulty about the form of the action. The sureties in the first bond paid the whole, and equity subrogates them to the rights of the wards, so far as to allow them to use the second bond to enforce contribution. It was not in law satisfied by the payment by the other sureties, and equity allows them to sue on it. Even if all the sureties had been in' one bond, the paying sureties could now, by the law of England, sue their co-sureties on it, in the name of the obligee, and recover contribution: Act 29th July 1856, § 5 ; 3 Ross’s Leading Cases 945. We need-not say how this would be with us. The plaintiffs are entitled to recover one-fifth from the defendant.
Judgment reversed, and judgment for the plaintiffs for $1006.52, with interest from 1st April 1860, and costs.