Hall v. Nash
Michigan Supreme Court
Appeal in Chancery from Ionia Circuit. The bill was filed to foreclose a mortgage, which was given by Martin A. Nash and Hiram T. Barstow, as collateral to the following bond executed by them to complainants.
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Appeal in Chancery from Ionia Circuit. The bill was filed to foreclose a mortgage, which was given by Martin A. Nash and Hiram T. Barstow, as collateral to the following bond executed by them to complainants. “Know all men by these presents, that we, Martin A. Nash and Hiram T. Barstow, of Ionia county, Michigan, are held and firmly bound unto Frederick Hall and Stephen F. Page, of the same place, in the penal sum of ten thousand dollars, to which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and…
1Opinion of the Court
Campbell J.:
This is a bill to foreclose a mortgage collateral to a bond conditioned to pay, within thirty days from maturity, certain notes signed by complainants jointly and severally with Martin A. Nash and Hiram T. Barstow, who were principal debtors — complainants being sureties. The bill shows a default in payment. The defense rests' upon two grounds — first, that complainants have received from other securities and property belonging to Nash & Barstow, the full amount; and second, that the bond is one of indemnity merely, and no damage is alleged.
The first defense is, in substance, that…
2Cases cited1 opinion
- Holmes v. HallMichigan Supreme Court · 1860
3Cited by5 opinions
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