Goodall v. Wentworth
Supreme Judicial Court of Maine
Assumpsit on the money counts. The plaintiff, defendant, and one Jordan, gave thee notes of hand to John Black, dated Nov. 13, 1833, for $1198,61 each. These notes were to be equally paid by each of the thee, having been given for a bond for land to be conveyed to the thee in equal shares on payment of the notes.
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Assumpsit on the money counts. The plaintiff, defendant, and one Jordan, gave thee notes of hand to John Black, dated Nov. 13, 1833, for $1198,61 each. These notes were to be equally paid by each of the thee, having been given for a bond for land to be conveyed to the thee in equal shares on payment of the notes. The plaintiff sold to Jordan, they agreeing in writing that Jordan should pay the amount of Goodall’s liability to Black, and that it should be accounted for and allowed by the plaintiff to Jordan. Jordan afterwards purchased Wentworth’s share of the bond, but did not agree to pay…
1Opinion of the Court
*324The opinion of the Court was by
Weston C. J.
Each one of the signers of the notes to Black was principal for one third of their amount, and co-surety for the other two thirds. The defendant being principal for one third, the plaintiff and Jordan became his sureties, for the payment of his proportion. The plaintiff, having sold his share to Jordan, agreed in writing, that if the latter would pay his proportion to Black, he, the plaintiff, would allow the amount, as a part of the purchase, money. By the proportion of the plaintiff, thus provided for in that agreement, must be understood…
2Cited by11 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
- Waters v. WatersSupreme Court of Connecticut · 1930
- Norris v. ChurchillIndiana Court of Appeals · 1898
- Boutin v. EtsellWisconsin Supreme Court · 1901
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