Legal Opinion
Lavigne v. Lavigne
Supreme Court of New Hampshire
Decided January 1, 1935PublishedCited by 3 opinions
1Opinion of the CourtBranch, J.
The extent of a surety’s liability depends upon the terms of his contract. Brown Durrell Co. v. Belisle, 83 N.H. 516. “It is possible for a surety to promise to pay whatever debt the principal may owe. On the other hand, the surety’s promise may be to pay a stated sum or render a fixed performance for which the principal also purports to bind himself. If the contract is of the former sort it is obvious that by the very terms of his contract the surety is liable for nothing if the principal is under no liability.” II Willis-ton, Contracts, s. 1213. In all cases where the surety stipulates…
2Cases cited3 opinions
- Herter v. . MullenNew York Court of Appeals · 1899
- Runyon v. CulverCourt of Appeals of Kentucky · 1916
- Brown Durrell Co. v. BelisleSupreme Court of New Hampshire · 1929
3Cited by3 opinions
- Kearsarge Metallurgical Corp. v. Peerless InsuranceMassachusetts Supreme Judicial Court · 1981
- Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
- C-E Building Products, Inc. v. Seal-Rite Aluminum Products of N.H., Inc.Supreme Court of New Hampshire · 1974