Allen v. Woodard
Massachusetts Supreme Judicial Court
Contract on a promissory note payable to the order of the plaintiff, and signed by James M. Munson and the defendant. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts, so much of which as is necessary to the understanding of the points decided appears in the opinion.
1Opinion of the CourtLord, J.
Two questions have been argued in this case. The first is, it being agreed that the defendant was known by the plaintiff to have signed the note in suit as surety for one Munson, whether the plaintiff had not by bis own neglect permitted certain securities, given by Munson to him at the inception of the note, to be so lost and rendered unavailable to himself or to the defendant, as surety for Munson, as to entitle the defendant to have deducted from the amount of his liability the value of such securities so said to be lost.
The ground upon which the defendant bases his claim is this: Munson…
2Cited by15 opinions
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- Bingham v. MearsNorth Dakota Supreme Court · 1894
- Purdie v. RocheMassachusetts Supreme Judicial Court · 1939
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