Garrison v. Paul

Supreme Court of Pennsylvania

Garrison v. Paul

1 Pennyp. 380

CourtSupreme Court of Pennsylvania

DecidedNovember 25, 1881

DocketNo. 155

StatusPublished

Cited by2 cases

This text of 1 Pennyp. 380 (Garrison v. Paul) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrison v. Paul, 1 Pennyp. 380 (Pa. 1881).

Pincite

Opinion

Per Curiam :

It is certainly well-settled law that a defendant’s right to a set-off must be perfect at the time the suit is instituted. We know of no doctrine of equitable set-off which dispenses with this rule. A surety has an action against his principal before being actually compelled to pay the money, because he could file a bill in equity for indemnity. But there can be no action for contribution between co-sureties, either at law or in equity, until the surety is obliged to pay the debt.

Judgment affirmed.

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Per Curiam :

It is certainly well-settled law that a defendant’s right to a set-off must be perfect at the time the suit is instituted. We know of no doctrine of equitable set-off which dispenses with this rule. A surety has an action against his principal before being actually compelled to pay the money, because he could file a bill in equity for indemnity. But there can be no action for contribution between co-sureties, either at law or in equity, until the surety is obliged to pay the debt.

Judgment affirmed.

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Bluebook (online)

1 Pennyp. 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrison-v-paul-pa-1881.

Opinion

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