Grafton Bank v. Kent
Superior Court of New Hampshire
Assumpsit upon a promissory note in the following words :— Orford, July lit, 1833. “ For value received we jointly and severally promise the president, directors and company of the Grafton Bank to pay them or order, five hundred dollars on demand with interest after sixty days. AARON HALE, THOMAS KENT.”
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Assumpsit upon a promissory note in the following words :— Orford, July lit, 1833. “ For value received we jointly and severally promise the president, directors and company of the Grafton Bank to pay them or order, five hundred dollars on demand with interest after sixty days. AARON HALE, THOMAS KENT.” The cause was tried here at November term, 1835. The defence was, that Kent signed the note as a surety only, and that he had been discharged by day of payment given to the principal without his consent or knowledge. ' The defendant having given to Aaron Hale, the other signer of the note, a…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
It has been doubted, whether in an action of debt upon a bond in which the obligors are bound jointly and severally, a court of law could decide upon an averment that one of the obligors put his seal to the instrument as a *223surety, when it did not appear to be true on the face of the bond. 1 Gall. 32, Hunt v. The United States; 2 Vesey, jun. 540; 7 Johns. 337.
In many of the cases, where the rights and liabilities of sureties have been discussed, they have appeared as sureties upon the face of the instrument. In some instances it has…
2Cases cited9 opinions
- Pain v. PackardNew York Supreme Court · 1816
- People v. JansenNew York Supreme Court · 1811
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Fulton v. MatthewsNew York Supreme Court · 1818
- Hunt v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
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3Cited by2 opinions
- United States v. Boston & Berlin Transportation Co.District Court, D. New Hampshire · 1964
- Cross v. RoweSuperior Court of New Hampshire · 1850