Hill v. Morse
Supreme Judicial Court of Maine
ON EXCEPTIONS. The facts in this case were reported by Mr. Chief Justice Appleton, to whom the action was referred under an agreement that he should “report facts upon any question of law ” that either party might require. The referee determined that the plaintiff should recover the amount of the note in suit and costs unless, upon the statement of facts, the opinion of the court should be otherwise.
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ON EXCEPTIONS. The facts in this case were reported by Mr. Chief Justice Appleton, to whom the action was referred under an agreement that he should “report facts upon any question of law ” that either party might require. The referee determined that the plaintiff should recover the amount of the note in suit and costs unless, upon the statement of facts, the opinion of the court should be otherwise. The defendant claimed that Hill had, for a valuable consideration, granted a six months’ extension to D. S. Knowles, principal signer of the note, without the consent of Morse, who was a surety…
1Opinion of the CourtPeters, J.
Charles H. Morse is sued ^by the payee upon the following note :
“ CoRiNNA, March 12, 1868.
Value received I promise to pay Francis Hill or order five hundred dollars six months from date with interest.
D. S. Knowles,
L. KNOWLES,
C. H. Morse.”
It is admitted that the first signer is the principal and that the others are sureties. A former suit was brought by this plaintiff against the other surety in which the defendant prevailed.
*543It is insisted by tbe defendant that the judgment in the former suit is a bar to the plaintiff’s recovery in this suit, and he relies upon the cases of Sturtevant v.…
2Cases cited2 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Spencer v. DearthSupreme Court of Vermont · 1870
3Cited by6 opinions
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- Bodeneck v. Cater's Motor Freight System, Inc.Washington Supreme Court · 1939
- Betz v. Moore-Shenkberg Grocery Co.Supreme Court of Iowa · 1924
- Bowie v. LandrySupreme Judicial Court of Maine · 1956
- Smithies v. ColburnHawaii Supreme Court · 1910
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