Treat v. Smith
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius. Assumpsit on a promissory note, brought by the payee against the principal and surety. The verdict was for the defendants and the plaintiff alleged exceptions. The remaining material facts appear in the opinion.
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On Exceptions from Nisi Prius. Assumpsit on a promissory note, brought by the payee against the principal and surety. The verdict was for the defendants and the plaintiff alleged exceptions. The remaining material facts appear in the opinion. That a jury would be authorized from the facts to find that the surety assented to or authorized the extension, and that it was for the jury to determine this issue, and cited Linscott v. Trask, 35 Maine, 150; Whipple v. Wing, 39 Maine, 424; Cook v. Brown, 39 Maine, 443.
1Opinion of the CourtAplleton, C. J.
The note in suit was signed by the defendant Wm. II. Josselyn, as surety for the other defendants.
On Feb. 22, 1862, and after the maturity of the uote, the plaintiff, for a valuable consideration, extended the time of payment by a written agreement in the following words :
"This is to certify that whereas I hold a note signed by Curtis Smith and Wm. H. Josselyn, dated Juue 1, 1860, and I agree to extend payment to Feb. 22, 1863, on said note, by agreement of parties. "Ezekiel Treat.”
This contract, being on good consideration, was binding upon the plaintiff. By it, the time of payment was…
2Cases cited2 opinions
- Suydam v. VanceU.S. Circuit Court for the District of Indiana · 1840
- Turrill v. BoyntonSupreme Court of Vermont · 1851