Rodehorst v. Gartner, 266 Neb. 842

Summary

The Supreme Court of Nebraska held that a surety who paid indebtedness as both an accommodation maker and guarantor could seek equitable contribution from a cosurety who was only a guarantor. The court concluded that the parties shared the same pecuniary obligation and reversed the district court's dismissal of the contribution actions, remanding for further proceedings.

Holdings

1. A right of equitable contribution exists between cosureties regardless of whether they are designated as guarantors, accommodation makers, or otherwise, provided that they share the same pecuniary obligation with respect to the same debt.
2. The operative amended petitions sufficiently stated causes of action for equitable contribution.
3. The assignment of promissory note No. 25822 from the Bank to Rodehorst neither enhanced nor diminished his right to seek equitable contribution.

Questions Presented

1. Whether a surety who is both an accommodation maker and guarantor and who satisfies an indebtedness may seek equitable contribution from a cosurety who is only a guarantor of the same indebtedness.
2. Whether the operative amended petitions stated causes of action for equitable contribution sufficient to withstand Gartner's demurrers.
3. Whether the assignment of one promissory note to Rodehorst affected his right to seek contribution.

Disposition

reversed_and_remanded