LAW.coLAW.co

Garrison versus Paul

Supreme Court of Pennsylvania1881-11-25No. No. 155
1 Pennyp. 380

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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.