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" The principle established in the case of Deering v. Lord Winchelsea, is universal, that the right and duty of contribution is founded in doctrines of equity. It does not depend upon contract. If several persons are indebted, and one makes the payment,... "
Commentaries on Equity Jurisprudence: As Administered in England and America - Σελίδα 395
των Joseph Story - 1839 - 712 σελίδες
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The Weekly Reporter, Τόμος 34

1886
...doctrines of equity, it does not depend upon cou tract. If several persons are indebted and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt »U his rights against the other debtors. The cases of average in equity...

The Ontario Reports: Containing Reports of Cases Decided in the ..., Τόμος 13

1887
...doctrines of equity, it does not depend upon contracts. If several persons are indebted and one makes the payment, the creditor is bound in conscience, if not...debt, all his remedies against the other debtors. * * It would be against equity for the creditor to exact or receive payment from one, and to permit,...

The American and English Encyclopedia of Law, Τόμος 4

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1888
...doctrines of equity: it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors." While contribution was originally...

The Law Reports: Appeal cases before the House of Lords and the ..., Τόμος 6

1881
...doctrines of equity, it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience (if not by contract) to give to the party paying the debt all his remedies against the other debtors. . . . He (the creditor) is...

The Revised Reports: Being a Republication of Such Cases in the ..., Τόμος 22

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1895
...doctrines of equity ; it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of average in equity...

The Reports, Τόμος 3

John Mews - 1893
...doctrines of equity ; it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of average in equity...

The Canadian Law Times, Τόμος 16

1896
...doctrines of equity ; it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of average in equity...

The Scots Revised Reports: House of Lords series, Τόμος 3

1898
...doctrines of equity ; it does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of average in equity...

The Law of Principal and Surety

Sir Sidney Arthur Taylor Rowlatt - 1899 - 350 σελίδες
...case of Dcring v. Lord WinchiUea is universal. ... If several persons are indebted, and one makes the payment, the creditor is bound in conscience (if not by contract) to give to the party paying the debt all his remedies against the other debtors." On the other hand, in Duncan,...

The Weekly Reporter, Τόμος 48

1900
...indebted and one makes the payment the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors. The cases of average in equity rest upon the same principle. It would be against equity for the creditors...




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