SUBROGATION--A CHAPTER IN MODERN LEGAL HISTORY

Authors

Abstract

The equitable doctrine of subrogation, perhaps over-refined in some of its applications, is inherently sound and in its application between principal and surety deserves thorough development. The principal should of course pay in the first instance, in exoneration of the surety. If the surety is compelled to pay, subrogation but serves to work out the same result as if the principal had paid. The course of the decisions never has run smooth, but in 1805 Sir William Grant was justified in saying that "the surety had precisely the same right that the creditor had; and was to stand in his place." Wright v. Morley, II Ves. Jr. 12.

Recommended Citation

SUBROGATION--A CHAPTER IN MODERN LEGAL HISTORY, 21 Mich. L. Rev. 795 (1923).
Available at: https://repository.law.umich.edu/mlr/vol21/iss7/8