Contribution

The share provided by or due from one of several persons to assist in discharging a common obligation or in advancing a'common enterprise.* Contributive; eontributory. Helping to bring about a result; directly contributing to an injury: as, contributory negligence, g. V. " Contributory " is also used in the sense of contributor: a person liable to contribution to the assets of a company which is being wound up, 3. v. A right to contribution exists where a debt owed by several persons jointly is collected from one; when one of two or more sureties pays the sum for which both or all are bound; when one co-devisee or co-distributee pays a charge upon land devised or descended; when a partner pays more than his share of the firm's debts; where recourse to private property is had to pay the debt of an insolvent corporation; where a coinsurer pays the whole loss; where a party-wall or a division-fence is constructed or repaii-ed.* Equal contribution to discharge a joint liability is not inequitable, even as between wrong-doers, although the law will not, in general, support an action to enforce it where the payments have been unequal.'' (1879), cases.

See also Robinson v. Blake Manuf. Co., 143 Mass..o:B (1887); 27 Conn. 274; 45 111. 453; 3 Gray, 349; 4 Allen, 13S; 11 id. 419; 125 Mass. 232; 66 N. Y. 184; 46 Pa. 2i:J; 5" id. 374; 9 31. & W. "'73. 1 2 Bl. Com. 413. " [Bosseker v. Cramer, 18 Ind. 45 (1863); Candy u Hanmore, 7U id. 128 (1881). 2 101 U. S. 73;).

4 [Abbott's Law Diet. * See 1 Story, Eq. §§ 484-305. The remedy in equity is more effective; as, between co-sm'eties,^ But there is "no contribution between wrongdoers." This rule applies appropriately only to oases where there has been intentionat violation of law, and where the wrong-doer is to be presumed to have ■ known that the act was unlawful.^ It fails when the injury grows out of a duty resting primarily upon one of the parties, and but for his negligence there would have been no cause of action against th^e other... A servant is liable to his master for the damages recovered against him in consequence of the negligence of the servant. 3 A municipality, made to pay damages for an injury resulting from the negligence of a private citizen, may recover the amount from the citizen.* See Average, General; Joint.