243 Pa. 75 | Pa. | 1914
Opinion by
This was a hill in equity filed to compel contribution by the defendant W. L. Kann. From the facts as found by the court below it appears that the Penn-American Plate Glass Company borrowed the sum of $750,000 from the Farmers’ Deposit National Bank of Pittsburgh, giving its note to the bank for that amount dated March 13, 1909, with $600,000 of its own bonds as collateral security. An agreement signed by W. L. Kann, Samuel Wertheimer, Emanuel Wertheimer, Isaac Wertheimer, Isaac Guckenheimer, Ida Guckenheimer, M. M. Kann, and Samuel J. Mack was also given to the bank in which the parties named jointly and severally agreed that if the glass company should default in payment of its note they would pay the same in like manner as if they had endorsed the note. As further consideration for the loan the bank was paid a bonus of $7,500 and the above named parties agreed in and by the same agreement to deliver to the bank, stock of the glass company having a par value of $200,000 and to buy back such stock from the bank within three years for the price of $100,000 and if not purchased within that time, the price of the stock was thereafter to be increased to certain sums named. The stock was delivered to the bank in accordance with the agreement, the defendant Kann, contributing thereto
Upon the trial the court below sustained the bill and
Defendant has acquiesced in and complied with that part of the decree directing the payment of $298,365.12 with interest as his share of the note, but he objects to the enforcement of contribution against him for payment upon account of the $100,000 paid under the agreement for the purchase of the stock. The eighth assignment of error is to that portion of the decree which directs the payment by defendant of the sum of $39,782.01 with interest, which was held to be his proportion of the amount paid for the stock. The ninth assignment of error, is to that portion of the decree which directs defendant to pay three-fourths of the costs. All the quesitons involved in this appeal may properly be considered under these two assignments of error. Counsel for appellant cite no authorities in support of their contentions, but suggest that the authorities upon which the court, below relied, do not properly apply to the facts of this case. These authorities are, the leading case of Deering v. Earl of Winchelsea, 2 Bos. & Pul. 270, in which the principle was clearly recognized that contribution depends not upon contract, but upon a fixed principle of justice, and Malone v. Stewart, 235 Pa. 100, where the rule of contribution as defined in the case just cited is recognized as applicable in Pennsylvania. The record in this case shows the presence of every element essential to a proper case for contribution. Here, one of several parties who were liable upon a common obligation to the bank, discharged that obligation for the benefit of all of them. This gave to the one who made-
The question is also raised as to whether the court below was correct in its calculation of the amount which defendant was liable to contribute. There were eight obligors, and it is suggested that defendant was, therefore, only liable for one-eighth of the purchase money. The decree requires, him to contribute in the same proportion that he had bound himself in the payment of the
In the sixth and seventh assignments of error complaint is made of the exclusion of certain offers of evidence made on behalf of defendant on the trial. Both of these assignments are defective in that they violate rule 28 of this court in failing to refer to the page of the appendix where the matter is to be found in its regular order in the printed evidence. The .questions sought to be raised by these assignments are not included in ap
Complaint is also made of the disposition of the costs which was made by the court below. This was a matter within the sound discretion of the chancellor with which this court will not interfere unless there is a clear abuse of this discretion, citing: Grim v. Walbert, 155 Pa. 147 (152); Pennsylvania Company for Ins. on Lives & Granting Annuities v. Bank, 195 Pa. 34 (37). In the present case no abuse or discretion by the court; below appears. The decree was against defendant on all points involved and required him to pay the entire amount claimed by plaintiffs. The justice of this decree hás been admitted in great part by defendant in the payment by him of a large part of the total sum awarded. Instead of imposing as it did but three-fourths of the costs on defendant, the court below might very well have required him to pay all of them. Had it done so we could not say that there had been any abuse of discretion.
The assignments of error are all dismissed and the decree of the court below is affirmed.