Ontario Bank v. Walker

If Roberts be a surety, he may perhaps, on showing a proper case, be substituted by chancery in the place of the bank, and allowed to-take the remedy he now asks at our hands. In law, however, the judgment is extinguished by the,payment; and he can only have a suit to recover over against the prior parties. The very reason why chancery performs the office of subrogation, in favor of a surety who has paid, is, because, the debt being extinguished, a court of law cannot do it.

Motion denied.(a)