46.011

Parties for contribution.

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46.011 Parties for contribution.—When a person executes any bond, note, draft, or bill of exchange and two or more persons execute it jointly with him or her, merely as his or her sureties, or endorse any note or draft or bill of exchange as sureties for the maker or drawer for his or her accommodation and without consideration, said persons are bound to each other for a proportional contribution of the amount of said bond, note, draft, or bill of exchange. If any person is compelled to pay any part of said bond, note, draft, or bill of exchange, he or she may sue his or her cosurety for contribution separately or jointly. Defendants, whether sureties, accommodation joint makers or accommodation endorsers may be sued separately or jointly.

History.—s. 1, Feb. 14, 1835; RS 983; GS 1369; s. 1, ch. 6210, 1911; RGS 2565; CGL 4205; s. 2, ch. 67-254; s. 264, ch. 95-147.

Note.—Former s. 45.05.

Notes of Decisions

Cited in 5 cases, 1970–2000 · leading case: Ruggio v. Vining

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Ruggio v. Vining (2000) fladistctapp · cites it 2× “See § 46.011, Fla. Stat. (1995). Even if Mr. Vining was not acting on behalf of the unformed company, the defenses of waiver and estoppel create questions of fact in this case.”

Pohlad v. First National Bar & Grill, Inc. (1982) fladistctapp · cites it 3× “The trial court expressly ruled Lord was entitled to a set-off under Section 46.011, Florida Statutes (1979). This statute provides for contribution among sureties, accommodation joint makers, and accommodation endorsers.”

Bendl v. Caldwell (1999) fladistctapp · cites it 2× “We find that Bendl’s claim for contribution under section 46.011, Florida Statutes (1997), raised justiciable issues of law and fact.”

Marine Midland Bank, N.A. v. Smith (1982) fladistctapp “See §§ 46.011 and 46.041, Fla.Stat. (1981); 38 C.”

Hart v. Tucker (1970) fladistctapp · cites it 2× “See Section 46.011, Florida Statutes Annotated and cases annotated thereunder.”

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