Thayer v. Daniels
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the defendant as principal, and the plaintiff as surety, signed a note for $500, dated September 28, 1861, and payable on demand to Nathan George or order, with interest; that the plaintiff signed as surety without consideration, and for the accommodation of the defendant ; that the defendant failed to pay the note; and that the plaintiff had to pay to George the principal of the note to take it up.
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Contract. The declaration alleged that the defendant as principal, and the plaintiff as surety, signed a note for $500, dated September 28, 1861, and payable on demand to Nathan George or order, with interest; that the plaintiff signed as surety without consideration, and for the accommodation of the defendant ; that the defendant failed to pay the note; and that the plaintiff had to pay to George the principal of the note to take it up. The answer denied the allegations of the declaration, and also set up the statute of limitations, and a discharge of the defendant in insolvency. At the…
1Opinion of the CourtAmes, J.
There was an implied promise, on the part of the defendant, as principal, to indemnify the surety, and to repay to him all the money that he might be compelled, in consequence of his liability as surety, to pay to the creditor. Until the surety has been compelled to make such payment, there is no breach of this implied promise. The cause of action accrues then for the first time, and the statute of limitations then begins to run. Of course the exception that the claim of the plaintiff is barred by that statute cannot be maintained. Appleton v. Bascom, 3 Met. 169. Hall v. Thayer, 12 Met. 130.
At…
2Cases cited2 opinions
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Graves v. GravesCourt of Appeals of Kentucky · 1860
3Cited by23 opinions
- Blanchard v. . BlanchardNew York Court of Appeals · 1911
- Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
- Burrus v. CookSupreme Court of Missouri · 1908
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- Quintin v. MagnantMassachusetts Supreme Judicial Court · 1934
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