Durham v. Giles
Supreme Judicial Court of Maine
Reported from Nisi Prius, Mat, J., presiding. Assumpsit for money paid, &c. From the case, it appears that the plaintiff was the payee of a negotiable pi'omissory n,ote against Giles, as principal, and the other defendants as sureties. After the maturity of the note, the plaintiff sold and indorsed it to one Havener, who afterwards commenced an action thereon.
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Reported from Nisi Prius, Mat, J., presiding. Assumpsit for money paid, &c. From the case, it appears that the plaintiff was the payee of a negotiable pi'omissory n,ote against Giles, as principal, and the other defendants as sureties. After the maturity of the note, the plaintiff sold and indorsed it to one Havener, who afterwards commenced an action thereon. Giles made default; but the sureties defended on the ground that Durham, while owner of the note, and before the sale to Havener, made an agreement with Giles to extend the time of payment of the note, for a valuable consideration, and,…
1Opinion of the Court
The opinion of the Court was drawn by
Appleton, C. J.
It is difficult to perceive what pretence there is for maintaining this action. The only claim, the plaintiff had against these defendants, arose from their note of hand to him. This he indorsed, to one Havener, after which he ceased to have any right of action against the defendants.
The indorsee, having the title to the note of the defendants, commenced a suit thereon. The principal was defaulted. The sureties defended the suit and recovered judgment against Havener.
Havener, failing to collect his debt, called on the plaintiff as indorser,…
2Cited by3 opinions
- Hill v. BainSupreme Court of Rhode Island · 1885
- Kessler v. Armstrong Cork Co.Court of Appeals for the Second Circuit · 1907
- Willoughby v. Chicago Junction Railways & Union Stock Co.New Jersey Court of Chancery · 1892