Weare v. Sawyer
Supreme Court of New Hampshire
Assumpsit upon a promissory note, a copy of which is set forth in the case Weare v. School District No. 16, in said, town, reported in this volume. The parties agree that the facts in this case are the same as reported in the case against said school district.
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Assumpsit upon a promissory note, a copy of which is set forth in the case Weare v. School District No. 16, in said, town, reported in this volume. The parties agree that the facts in this case are the same as reported in the case against said school district. If it would be competent for the defendant, Sawyer, to show that he signed said note with the understanding that he was surety only for the performance, on the part of the district, of its legal liability, it was, for the purposes of this case, admitted that such was the fact. The parties agreed that judgment be rendered according to…
1Opinion of the CourtBellows, J.
It has already been decided, in Weare v. School District, and Weave v. Gove, reported in this volume, that the vote to borrow money was-not passed at a meeting duly called for that purpose ; and, therefore, as the agents of the 'district had no authority to put its name to the note, they are themselves bound; and the remaining ground of defense proposed to be set up is, in substance, that at the time of the making of the note it was agreed that the defendants’ undertaking should extend no farther than to insure the performance of such contract as had been legally entered into by the school…
2Cases cited2 opinions
- St. Albans Bank v. DillonSupreme Court of Vermont · 1857
- Stewart v. BehmSupreme Court of Pennsylvania · 1834