CO-OBLIGOR

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  CO-OBLIGOR, contracts. One who is bound together with one or more others to 
  fulfill an obligation. As to what will constitute a joint obligation, see 5 
  Bin. 199; Windham's Case, 5 Co. 7; 2 Ev. Poth. 63; Ham. Parties, 29, 20, 24; 
  1 Saund. 155; Saunders, Arguendo and note 2; 5 Co. 18 b, 19 a, Slingsly's 
  Case. He may be jointly, or severally bound. 
       2. When obligors are jointly and not severally bound to pay a joint 


  debt, they must be sued jointly during their joint lives, and after the 
  death of some of them, the survivors alone can be sued; each is bound to pay 
  the whole debt, having recourse to the others for contribution. See 1 Saund. 
  291, n. 4; Hardress, 198; 2 Ev. Poth. 63, 64, 66. Yet an infant co-obligor 
  need not be joined, for his infancy may be replied to a plea of non-joinder 
  in abatement. 3 Esp. 76; 5 Esp. 47; also, see 5 Bac. Abr. 163-4; 2 Vern. 99; 
  2 Moss. Rep. 577; 1 Saund. 291 b, n. 2; 6 Serg. & R. 265, 266; 1 Caines' 
  Cases in Err. 122. 
       3. When co-obligors are severally bound, each may be sued separately; 
  and in case of the death of any one of them, his executors or administrators 
  may be sued. 
       4. On payment of the obligation by any one of them, when it was for a 
  joint debt, the payer is entitled to contribution from the other co-
  obligors.