Sargent v. Robbins
Superior Court of New Hampshire
Assumpsit, on a promissory note, dated March 11,1841, signed by Jason Ripley and the defendant, for the payment of two hundred and forty-four dollars and forty-nine cents, payable to David W. Grimes, or order, on demand with interest annually, and by him indorsed. The writ is drawn against both Ripley and Robbins, but no service was made on Ripley, who was out of the State. Robbins pleaded the general issue.
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Assumpsit, on a promissory note, dated March 11,1841, signed by Jason Ripley and the defendant, for the payment of two hundred and forty-four dollars and forty-nine cents, payable to David W. Grimes, or order, on demand with interest annually, and by him indorsed. The writ is drawn against both Ripley and Robbins, but no service was made on Ripley, who was out of the State. Robbins pleaded the general issue. It appeared that the note was originally made and signed by Ripley alone, for his own debt. In the fall of 1842, and after Ripley had filed his declaration in bankruptcy, Grimes, then the…
1Opinion of the CourtWoods, J.
The nature of Robbins’ undertaking in signing the note in controversy is sufficiently indicated by the terms of the paper itself. It would be improper to look beyond these for any explanation of the intention of the parties, if they be unequivocal in their expressions and are not qualified by any other evidence of as high character. If Robbins undertook and promised anything by signing the note, it was to pay the sum of money named therein to Grimes, or his order, absolutely, in the manner therein specified. That he was surety, merely, to another, and was not liable to pay but upon his…
2Cases cited1 opinion
- Horn v. FullerSuperior Court of New Hampshire · 1834