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