Simpson v. Currier
Supreme Court of New Hampshire
Assumpsit, to recover the amount of a note for $1,000, signed by the defendants as sureties for one A. A. Currier. Subject to the plaintiff’s exception, tbe defendants were permitted to introduce evidence that the defendants signed the note in suit as sureties, on the understanding and condition that tbe plaintiff should loan the principal $3,000 more, and that then the note in suit sliould be taken up and the plaintiff sliould take a note for $4,000, secured only by a…
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Assumpsit, to recover the amount of a note for $1,000, signed by the defendants as sureties for one A. A. Currier. Subject to the plaintiff’s exception, tbe defendants were permitted to introduce evidence that the defendants signed the note in suit as sureties, on the understanding and condition that tbe plaintiff should loan the principal $3,000 more, and that then the note in suit sliould be taken up and the plaintiff sliould take a note for $4,000, secured only by a mortgage of tbe house of the wife of tbe principal. When the principal delivered the note in suit to the plaintiff, they had…
1Opinion of the CourtStanley, J.
The written contract was an unconditional promise to pay the plaintiff, or to his order, one thousand dollars. The evidence excepted to tended to vary this contract, and to show that the agreement between the parties was, that the sureties were not to pay the one thousand dollars if the plaintiff should loan the principal three thousand dollars more, and should secure that sum, and the one thousand (dollars represented by the note in suit, by a mortg’age upon certain real estate of the principal’s wife, and that the plaintiff had not carried out this agreement. This made an entirely different…
2Cases cited7 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Brown v. SpoffordSupreme Court of the United States · 1877
- Forsythe v. KimballSupreme Court of the United States · 1876
- Specht v. HowardSupreme Court of the United States · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stratton v. StrattonSupreme Court of New Hampshire · 1925