contribution

a gift of money made by a written instrument which identifies the person making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4).

At Common Law. The payment by each or any one of several parties who are liable, in company with others, of his proportionate part of the whole liability or loss, to one or more of the parties so liable upon whom the whole loss has fallen, or who has been compelled to discharge the whole liability. 1 Bibb (Ky.) 562; 4 Johns. Ch. (N. Y.) 545; 4 Bouv. Inst, note 3935. In Civil Law. A partition by which the erty proportionably to the amount of their respective credits. Civ. Code La. art. 2522, note 10. It is a division pro rata. Merlin, Repert.,,. -~-ln Maritime Law. Average {q. v.)

Payment by one or more persons who are liable, in company with others, of a proportionate part of the whole liability or loss, to one or more of the parties so liable upon whom the whole loss has fallen or who has been compelled to discharge the whole liability; Dupuy v. Johnson, 1 Bibb (Ky.) 562; Lawrence v. Cornell, 4 Johns. Ch. (N. Y.) 545; Pars. Part. 198. "The principle is that parties having a common interest in a subject-matter shall bear equally any burden affecting it Qui sentit commodum senlire debet et onus. Equality is equity. One shall not bear a common burden in ease of the rest. Hence, if, (as often may be done), a lien, charge, or burden of any kind, affecting several, is enforced at law against one only, he should receive from the rest what he has paid or discharged on their behalf. This is the doctrine of equitable contribution, resting on as simple a principle of natural justice as can be put." Per Bates, Ch., in Eliason v. Eliason, 3 Del. Ch. 260; 3 Co. 11 6; 1 Cox, C. C. 318; 1 B. & P. 270; 1 Sto. Eq. 477; 1 Wh. & Tud. L. Cas. in Eq. 66. Though its most common application is to sureties and owners of several parcels of land subject to a lien, the application of the principle is said to be universal by Lord Redesdale in 3 Bligh 59; and it applies equally to dower as to other incumbrances; Eliason v. Eliason, 3 Del. Ch. 260; Bank of United States v. Delorac's Ex'rs, Wright (Ohio) 285. A right to contribution exists in the case of debtors who owe a debt jointly which has been collected from one of them; Davis v. Burnett, 49 N. C. 71, 67 Am. Dec. 263; Haupt v. Mills, 4 Ga. 545; Mills v. Hyde, 19 Vt. 59, 46 Am. Dec. 177; Norton v. Coons, 3 Denio (N. Y.) 130; Fletcher v. Brown, 7 Humphr. (Tenn.) 385. See Russell v. Failor, 1 Ohio St. 327, 59 Am. Dec. 631. It also exists where land charged with a legacy, or the portion of a posthumous child, descends or is devised to several persons, when the share of each is held liable for a proportionate part; Armistead v. Dangerfield, 3 Munf. (Va.) 20, 5 Am. Dec, 501; Stevens v. Cooper, 1 Johns. Ch. (N. Y.) 425, 7 Am. Dec. 499; Blaney v. Blaney, 1 Cush. (Mass.) 107; Taylor v. Taylor, 8 B. Monr. (Ky.) 419, 48 Am. Dec. 400. As to contribution under the maritime law, see General Average. Originally this right was not enforced at law, but courts of common law in modern times have assumed a jurisdiction to compel contribution among sureties in the absence of any positive contract, on the ground of an implied assumpsit, and each of the sureties may be sued for his respective quota or proportion; Wh. & Tud. Lead. Cas. 66; Carroll v. Bowie, 7 Gill (Md.) 34; Ellicott v. Nichols, 7 Gill (Md.) 85, 48 Am. Dec. 546; Lindell v. Brant, 17 Mo. 150. The remedy in Kenna v. George, 2 Rich. Eq. (S. C.) 35; Bisp. Eq. § 329. For example, a surety who pays an entire debt can, in equity, compel the solvent sureties to contribute towards the payment of the entire debt; 1 Ch. Cas. 346; Finch 15, 203; while at law he can recover no more than an aliquot part of the whole, regard being had to the number of co-sureties; 2 B. & P. 2G8; 6 B. & C. G97; Towers v. Gowen,.".2 Me. 381. See Subrogation. See, as to co-sureties, 1 Lead. Cas. ESq. 100. There is no contribution, as a general rule, between joint tort-feasors; 8T.R. 180; Nichols v. Nowling, 82 Ind. 4S8; Percy v. Clary, 32 Md. 245; Miller v. Fenton, 11 Paige (N. Y.) 18; Jacobs v. Tollard, 10 Cush. (Mass.) 287, 57 Am. Dee. 105; Acheson v. Miller, 2 Ohio St. 203, 59 Am. Dec. 663; but this rule does not apply when the person seeking redress did not in fact know that the act was unlawful, and is not chargeable with knowledge of that fact; 4 Bing. 72; Moore v. Appleton, 26 Ala. 633; Bailey v. Bussing, 28 Conn. 455; Armstrong County v. Clarion County, 66 Pa. 218, 5 Am. Rep. 36S. It is not the admiralty rule; Erie R. Co. v. Transp. Co., 204 U. S. 225, 27 Sup. Ct. 246, 51 L. Ed. 450. The rule against contribution between wrongdoers is not universal. If the parties are not equally at fault, the principal delinquent may be responsible to the others for damages incurred by their joint offence. With respect to offences in which is involved any moral delinquency, all parties are equally guilty, and the courts will not inquire into their relative guilt. But where the offence is merely malum prohibitum and in no sense immoral, the court will inquire into their relative delinquency and administer justice between them; Lowell v. R. Co., 23 Pick. (Mass.) 32, 34 Am. Dec. 33, cited in Washington Gas Co. v. Dist. of Columbia, 161 U. S. 316, 327, 16 Sup. Ct. 564, 40 L. Ed. 712, where it is said that the cases are too numerous for citation; they are collected in Whart. Nog. 246; 2 Thomp. Neg. 789, 1061; 2 Dill. Mun. Corp. § 1035. The rule stated also 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 the other. A servant is consequently liable to his master for the damages recovered against the latter in consequence of the negligence of the servant; Merryweather v. Nizan, 2 Sm. Lead. Cas. 483. Where a recovery is had against a municipal corporation for an injury resulting from an obstruction to the highway, or other nuisance, occasioned by the act or default of its servant, or even of a citizen, the municipality has a right of action against the wrongdoer for indemnity; Chicago v. Robbins, 2 Black creditors of an insolvent debtor divide among themselves the proceeds of his property proportionably to the amount of their respective credits. La. Code, art. 2522, n. 10. It is a division pro rata. Merlin, 7?-,

In common law. The sharing of a loss or payment among several. The act of any one or several of a number of co-debtors, co-sureties, etc., in reimbursing one of their number who has paid the whole debt or suffered the whole liability, each to the extent of his proportionate share. Canosia Tp. v. Grand Lake Tp., 80 Minn. 357, 83 N. W. 346; Dysart v. Crow, 170 Mo. 275, 70 S. W. 689; Aspinwall v. Sacchi, 57 N. Y. 336; Vandiver v. Poliak, 107 Ala. 547, 19 South. 180; 54 Am. St Rep. 118.

In maritime law. Where the property of one of several parties interested in a vessel and cargo has been voluntarily sacrificed for the common safety, (as by throwing goods overboard to lighten the vessel,) such loss must be made good by the contribution of the others, which is termed "general average." 3 Kent, Comin. 232-244; 1 Story, Eq. Jur. § 490.

In the civil law. A partition by which the creditors of an insolvent debtor divide among themselves the proceeds of his property proportionality to the amount of their respective credits. Code La. art. 2522, no. 10. Contribution is the division .which is made among the heirs of the succession of the debts with which the succession is charged, according to the proportion which each is bound to bear. Civ. Code La. art. 1420.

The making up, by several persons jointly interested or indebted, of a loss sustained, or payment made by one for the benefit of aU; the providing by several persons in a common interest, or bound by a common obligation, of the means to advance the common enterprise or discharge the obligation; the share of one such person provided for such purpose; a suit in equity to compel such a making up, or the providing of such a share. Contribntione facien^a. v. De contributione facienda.

In common law. The sharing of a loss or payment among several. The act of any one or saveral of 4 number of co-debtors, co-sureties, ete., in re imbursing one of their number who has paid the whole debt or suffered the whole lability, each to the extent of his proportionate share, In maritime law. Where the property of ons of several parties interested in a vessel and cargo has been voluntarily sacrificed for the common safety, (as by throwing goods overboard to lighten the vessel.) such loss must be made good by the contribution of the others, which is termed “general average.” 3 Kent, Comm. 232-244; 1 Story, Eq. Jur. § 490. In the civil law. <A partition by which the creditors of an insolvent debtor divide among themselves the proceeds of his property proportionably to the amount of their respective eredits. Code La. art. 2522, no, 10. Contribution is the division which is made among the heirs of the suecession of the debts with which the succession is charged, according to the proportion which each is bound to bear. Civil Code La. art. 1420.

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.

1. A suit in equity, brought by one who has discharged a debt or liability, to compel those jointly liable to pay their share. 2. Ratable division of losses or liabilities. Contributione facieuda. v. De.

[Lat. contributio,] The making up by several parties jointly interested or indebted, to one of their number, of a loss sustained, or payment made by him for the benefit of them all.* Thus, where one of several sureties has been compelled to pay the whole of the money for which they all became bound, he is entitled to receive contribution from all the others, for what he has done in relieving them from a common burden. 1 Story* s Eg, Jurispr. § 492, and notes. 1 Smith's Lead, Cas, 71, note. White's Eq, Cases, 60. 3 Co. 11. 1 Arch, Pr, 291. So, in maritime law, where the property of one of several parties interested in a vessel and cargo has been voluntarily sacrificed for the common safety, (as by throwing goods overboard to lighten the vessel,) such loss must be made good by the contribution of the others, which is termed general average, 3 Kent's Com. 232—244. 1 Story's Eq, Jurisp, § 490. See General average,

civil law, is said of the partition by which the creditors of an insolvent debtor divide among themselves the proceeds of his property, proportionably to the amount of their respective credits. Civ. Code of Lo. art. 2522, n. 10. It is a division pro rata. Merl. Rép. h. t.