The General Law of Suretyship : Including Commercial And Non-Commercial Guarantees And Compensated Corporate Suretyship

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562; Comegys v. State Bank, 6 Ind. 357.
2lS The Law of Suretyship. § 156 undertaken prudently and in good faith against what ap- peared to be an illegal, doubtful or excessive demand, or has resulted in a diminution of the creditor's claim. 71 The surety who discharges the debt cannot, in seek- ing contribution of his co-sureties, any more than in seeking indemnity from his principal, 72 speculate on their liability, and if he compromises with the creditor, he can only recover of his co-suretie
...s their proportionate shares of what the compromise actually cost him. 73 If the surety seeking contribution pays with his own bill or note,. however, we find practically the same con- flict of authority as where he seeks indemnity from his principal on the basis of such a payment, and the cases on contribution are often cited interchangeably with, those on the subject of indemnity. 74 71. See Wolmershausen v. Gullick (1893), 2 Ch. 514; Connolly v. Dolan, 22 R. I. 60, 84 Am. St. R. 816; Gross v.

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