9 Watts 451 | Pa. | 1840
The opinion of the court was delivered by
As a remedy between surety and principal, or between sureties themselves, subrogation to the ownership of the
Now it is clear, on the proofs in the case under consideration, that the note was discounted for the drawer to make up the amount of stock he had agreed to bring into the partnership; and that, though the proceeds of it were, in the first instance, received by the surety who claims to be substituted, yet that he charged himself, at the drawer’s request, with the amount to which the drawer’s stock account had fallen short. We have then the ordinary case of payment by a surety; and the court below properly directed him to be substituted for the creditor.
Order of subrogation affirmed.