Curtis v. Parks
Curtis v. Parks
Opinion of the Court
The plaintiffs—six in number—-the defendant, and various other persons, seventeen in all, became sureties in several sums, upon the official bond of one Rogers, as Public Administrator of the County of San Bernardino. The complaint charges that afterward letters of administration in the matter of the estate of one Avaline, deceased, were duly issued to Rogers as such Public Administrator, and that on the same day, the latter entered upon the administration of said estate. That subsequently Rogers was removed, and one Pulwiler duly appointed administrator of the estate, and an order made directing Rogers to deliver to Pulwiler all moneys and other property in his hands belonging to the estate, among which was the sum of twenty-eight hundred dollars. That Rogers failed to pay over said sum, and that the sureties became liable therefor. For the plaintiffs’ cause of action the complaint then proceeds as follows: “ That on the (blank) day of September, A. jd. 1877, plaintiffs, and Peter Filance, William Hawley, M. Katz, J. A. Rosseau, (the last four named of whom are not parties to this action, but were sureties upon the bond) and defendant, agreed and promised that they would pay the said W. B. Ful wiler, administrator as aforesaid, the sum of twenty-eight hundred dollars; promising and agreeing, each with each and all the others, that they would so pay in proportionate rate, as the total original liability of said last-named persons, to wit, plaintiffs, and Peter Filance, Win. Hawley, M. Katz, J. A. Rosseau, and defendant, upon said of
Morrison, C. J. and McKinstry, J., concurred.
Reference
- Full Case Name
- CURTIS v. PARKS
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- Voduntaby Payment—Subety—Contbibdtion.—No man can be made a debtor for money paid to bis use, unless it was done at his request, or unless the party paying the money was bound as surety, or otherwise, to pay it for him. Id.—Id.—Id.— Constbuction of Contbact.— The plaintiffs, and defendant, and others—who were sureties on the bond of a Public Administrator-promised and agreed to pay to one E.—to whom their principal had become liable, as his successor in the administration of an estate—the amount of the liability; promising and agreeing each with each and all the others, that they would so pay in certain definite proportions. The plaintiffs, having paid the whole amount, brought their action against the defendant to recover the amount that he should have paid. Held, that under the contract alleged there was no obligation resting upon the plaintiffs to pay the defendant’s part of the amount, and therefore their payment was voluntary, and gave rise to no cause of action against the defendant.