Heywood v. Benton
Supreme Court of New Hampshire
This is an action of seire facias, by Henry Heywood against Jacob Benton and Ossian Bay, as indorsers of a writ in favor of Mary C. D. Hutchins against Henry Heywood, administrator of Samuel Wesson, dated June 25, 1866, which action was entered in this court at the November term, 1866, and was tried by jury at the April term, 1869, when there was a verdict for the defendant -in that action, and a judgment thereon for the defendant to recover his costs taxed at $128.10, upon…
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This is an action of seire facias, by Henry Heywood against Jacob Benton and Ossian Bay, as indorsers of a writ in favor of Mary C. D. Hutchins against Henry Heywood, administrator of Samuel Wesson, dated June 25, 1866, which action was entered in this court at the November term, 1866, and was tried by jury at the April term, 1869, when there was a verdict for the defendant -in that action, and a judgment thereon for the defendant to recover his costs taxed at $128.10, upon which judgment execution was issued May 29, 1869, returnable to the then next term of this court. Said execution was…
1Opinion of the CourtBellows, C. J.
The first question is, whether the indorsers were released from liability by the original plaintiff becoming a resident of the State during the pendency of the suit, and ever since residing here.
If the original plaintiff had resided in the State when her suit was brought, she might perhaps have indorsed the writ, although she was a married woman ; but if, instead of that, it had been indorsed by her attorney or agent, he would unquestionably have been liable. Parsons v. Pearson, 1 N. H. 336; Chadbourne v. Hodgdon, 1 N. H. 359; Eaton v. Sloan, 2 N. H. 552.
In the last case the court say, — “…
2Cases cited9 opinions
- Parkhurst v. SumnerSupreme Court of Vermont · 1851
- Ruggles v. IvesMassachusetts Supreme Judicial Court · 1810
- Sumner v. FineganMassachusetts Supreme Judicial Court · 1818
- Merrill v. WalkerSupreme Judicial Court of Maine · 1844
- Brown v. WallaceMassachusetts Supreme Judicial Court · 1810
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