Garrison v. Paul

Supreme Court of Pennsylvania
Garrison v. Paul, 1 Pennyp. 380 (Pa. 1881)

Garrison v. Paul

Opinion of the Court

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.

Reference

Full Case Name
Garrison versus Paul
Cited By
2 cases
Status
Published