Supreme Court of Pennsylvania, 1881

Garrison v. Paul

Garrison v. Paul
Supreme Court of Pennsylvania · Decided November 25, 1881
1 Pennyp. 380

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.

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