Durell v. Wendell
Superior Court of New Hampshire
This was an action of debt, upon a judgment of the court of common pleas for the county of Strafford, rendered at the April term of said court, in 1831, for the sum of $1403 26 damage, and for costs of suit upon a joint and several note, dated August 20, 1827, which note was executed to the plaintiff by Abraham and Jacob Wendell, (the present defendants) then partners in trade ; and by John N. Sherburne and John Blunt, then also partners in trade ; and by John Williams and…
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This was an action of debt, upon a judgment of the court of common pleas for the county of Strafford, rendered at the April term of said court, in 1831, for the sum of $1403 26 damage, and for costs of suit upon a joint and several note, dated August 20, 1827, which note was executed to the plaintiff by Abraham and Jacob Wendell, (the present defendants) then partners in trade ; and by John N. Sherburne and John Blunt, then also partners in trade ; and by John Williams and by Isaac Wendell, at which term of said court a judgment was also rendered in another suit upon the same note, against…
1Opinion of the CourtUpham, J.
In this case the makers of the note on which execution has been recovered, were joint and several promissors ; and the only question for decision is, whether such a conduct has been entered into betwixt the holder of the ime and one of the makers, as to constitute a release of tlv J mt
The terms of the covenant entered into were, (ha the plaintiff would not call for, or receive of one of said makers, any sum on said note, or the execution recovered thereon, beyond a given proportion, of the same ; but would wholly rely on the other makers of said note for payment of the balance thereof; and it…
2Cases cited2 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- Sprague v. BakerMassachusetts Supreme Judicial Court · 1822
3Cited by3 opinions
- Pro Done, Inc. v. Teresa Basham & a.Supreme Court of New Hampshire · 2019
- Snow v. ChandlerSuperior Court of New Hampshire · 1839
- Berry v. GillisSuperior Court of New Hampshire · 1845