¶1By the Court.
¶2delivering the opinion.
¶3There can be no doubt but that the payment of the note by Hampton, the endorser of it, to Thomas, the plaintiff in the suit, was a bar to the suit considered as a suit at the instance of Thomas ; and a bar in favor of Griffin, the principal, as well as in favor of Hampton, the endorser. Burge on Suretyship, 354.
¶4The question therefore is, whether Hampton, by paying off the note could take the place in the suit of Thomas, the plaintiff, and have rights there that Thomas himself could not have had.
¶5And we think that he could not.
¶6He certainly could not by common- law or by equity. 20 ibid.
¶7*200Nor could he by any statute. Of the many statutes on the subject, not one gives the endorser such a right. Those statutes are all confined to cases in which the. payment by the surity is made after judgment. Cobb’s Dig. 592 — 598. There is, then, no law by which he could.
¶8We think, therefore, that the Court below erred in not sustaining the motion.
¶9Judgment- Reversed.