Garrison v. Paul
Garrison v. Paul
1 Pennyp. 380
Garrison v. Paul
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.