Sibley v. McAllaster
Superior Court of New Hampshire
This was an action of assumpsit, for $750 money paid, laid out and expended. The cause was tried at February term, 1835, on the general issue, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case. Ebenezer Lerned, the defendant’s testator, on the 25th July, 1827, gave to the Hopkinton Academy his note of hand for $500, which was signed by the plaintiff as Lern-ed ⅛ surety.
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This was an action of assumpsit, for $750 money paid, laid out and expended. The cause was tried at February term, 1835, on the general issue, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case. Ebenezer Lerned, the defendant’s testator, on the 25th July, 1827, gave to the Hopkinton Academy his note of hand for $500, which was signed by the plaintiff as Lern-ed ⅛ surety. Lerned died on the 6th October, 1831, having made his will and appointed the defendant executor. The will was duly proved and allowed, and the defendant took upon…
1Opinion of the CourtRichardson, C. J.
Conceding, for the present, that the note not having been presented to the executor within two years after the grant of administration, no action could have been maintained against him upon the note, we shall proceed to consider whether, notwithstanding this, the surety still remained liable ?
It is well settled, that a discharge of the principal under a bankrupt law does not discharge the surety. 6 Mass. R. 33, Flagg vs. Tyler; 4 M. & S. 334, Welsh vs. Welsh; 2 M. & S. 39, Martin vs. Brecknell; 4 J. B. Moore 153, The London Assurance Company vs. Buckle.
And a creditor is under no obligation to…
2Cases cited1 opinion
- Flagg v. TylerMassachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Boardman v. PaigeSuperior Court of New Hampshire · 1840
- Peaslee v. BreedSuperior Court of New Hampshire · 1839