Wilcox v. President of Fairhaven Bank
Massachusetts Supreme Judicial Court
Bill in equity by sureties upon notes given by Reuben Fish to the Fairhaven Bank, seeking to compel the latter to apply the avails of certain securities held by them from Fish pro rata upon the notes signed by the plaintiffs. The case was reserved, for the determination of the whole court by Dewey, J., upon facts which sufficiently appear in the opinion.
1Opinion of the CourtMerrick, J.
From the undisputed allegations in the bill and answer, it appears that on the first day of December 1857 Reuben Fish conveyed to the defendants certain personal property, to be held by them as security for the payment of the several promissory notes and drafts for which he was then, or within two years thereafter might become, liable to them, either as promisor, acceptor, drawer or indorser. That this was the object and purpose of the conveyance is expressly stated and declared in the bond * *271which was at the same time given by them and accepted by him, by the terms of which they obligated…
2Cases cited1 opinion
- Sparks v. Steamer "Kate French"Court of Appeals of Kentucky · 1861
3Cited by3 opinions
- Grover v. Bd. of Ed., Franklin Twp.New Jersey Court of Chancery · 1928
- Schmidt v. PritchardSupreme Court of Iowa · 1907
- Irving v. Mutual Trust Co.Supreme Court of New Jersey · 1914