Ohio Reports Volume 20

Ohio Reports Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...I I for another, for which that other is not bound, cannot ask for contribution. The right to contribution is an equitable one. It-is based upon the idea that the party asking it has paid a j claim upon which both sureties were liable, and that by pay ing he has relieved the other from a burden. Or, in other words, it is upon the idea that both parties were liable, and that its payment by one discharges the other from a liability Which, but for such payment, he would have to meet. In the case on hearing, Olmstead's estate was not liable for the debt. The payment by Bostwiek did not relieve it of any burden, and did not confer any benefit. Russell v. Failer, 1 Ohio St. 327; Slcillen v.1lIerrill, 16 Mass. 40: Williams0n's Administrator v. Rees' Administrator et al., 15 Ohio, 572; Wheatfield T19. v. Brush Valley T p., 25 Penn. St. 112. ' " If we are right in the proposition that no person is entitled 1: to contribution from another, unless he has paid a dehtfor "' which that other is liable, then this cause is ended, and the judgment of the common pleas must be reversed. 2. Looking further at this matter, we can conceive of no legal or equitable ground upon which Bostwick can base his claim for contribution. As to the $300 which he paid on the 8th day of May, 1863, it is outlawed in a double sense. Not only was there no valid claim against Olmstead's estate at the time he paid it, but what makes it still worse for him, after having paid it he waited until more than four years more had gone by before he brought any suit against Olm4 stead's estate, or these plaintiffs in error. Having paid the $300, there remained only Olmstead's share, and that was barred. ' It cannot be claimed that the...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236775511
  • 9781236775511