Powers v. Gowen , 32 Me. 381 ( 1851 )

Shepley, C. J.

This suit appears to have been commenced by one of the makers of a promissory note against another maker for contribution.

The plaintiff does not appear to have paid so much upon the note as the defendant; and the larger portion of what he has paid was derived from the common estate, for which the note was made in payment.

Under such circumstances a nonsuit was properly ordered.

Exceptions overruled.