Pearson v. Parker
Superior Court of New Hampshire
This was an action of assumpsit, brought by Henry M. Pearson and Nathaniel P. Moulton against Silas Parker, for money paid, laid out, and expended ; and was submitted to the determination of the court upon the following facts. On the 29 th of April, 1824, the plaintiffs, with the defendant, and as his sureties, gave their promissory note to Alexander Caldwell for $192 23, payable in six months with interest, which note was left with S. L. Greely for collection.
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This was an action of assumpsit, brought by Henry M. Pearson and Nathaniel P. Moulton against Silas Parker, for money paid, laid out, and expended ; and was submitted to the determination of the court upon the following facts. On the 29 th of April, 1824, the plaintiffs, with the defendant, and as his sureties, gave their promissory note to Alexander Caldwell for $192 23, payable in six months with interest, which note was left with S. L. Greely for collection. The plaintiffs, having been notified and requested by Greely to pay the note, when it should fall due, for that purpose, on the 29th…
1Opinion of the CourtHarris, J.
It is not now to be doubted,that,when a surety satisfies the debt of his principal by giving his sole note to the creditor, who accepts it in discharge of the original contract, it is as much a payment by him in respect to the principal, as if the money had been actually advanced.—2 N. H. Rep. 333, Willie vs. Green.—5 Mass. Rep. 299, Thatcher et a. vs. Dinsmore.—3 ditto 403, Floyd vs. Day.—11 Johns, Rep. 464, Beardsley et a. Ex’rs. vs. Root.
In the present case, it is immaterial to the defendant, ⅛ what way the plaintiff satisfied the debt, provided he were discharged from his liability to…
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