Whipple v. Stevens
Superior Court of New Hampshire
Assumpsit on a promissory note, dated October 23,1840, for $100,00, payable to the plaintiff, or order, on demand, with interest, jointly and severally, by the defendant and one Horace Eames. The writ was dated April 5, 1847, and the statute of limitations was pleaded. The note bore two indorsements; one dated in October, 1840, and one in the plaintiff’s hand-writing, dated September 10, 1842, of $10,00, as received of Horace Eames.
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Assumpsit on a promissory note, dated October 23,1840, for $100,00, payable to the plaintiff, or order, on demand, with interest, jointly and severally, by the defendant and one Horace Eames. The writ was dated April 5, 1847, and the statute of limitations was pleaded. The note bore two indorsements; one dated in October, 1840, and one in the plaintiff’s hand-writing, dated September 10, 1842, of $10,00, as received of Horace Eames. The plaintiff offered evidence that this last payment was made by Eames, for the defendant, in his presence, with his money and with his assent. The defendant…
1Opinion of the CourtWoods, J.
The defendant and the witness Eames were joint and several makers of the note which is the subject of the present action. The witness is protected by the statute of limitations from any action directly in favor of the plaintiff against him, but if the present action is sustained, will be liable to the defendant for a contribution to the extent of one half the debt recovered. Such is the doctrine of Boardman v. Paige, 11 N. H. Rep. 431, and of Peaslee v. Breed, 10 N. H. Rep. 489; where the precise point was determined that if the liability of one joint promiser be continued by partial payments…
2Cases cited5 opinions
- Carleton v. WhitcherSuperior Court of New Hampshire · 1830
- Jewett v. DavisSuperior Court of New Hampshire · 1834
- Ames v. WithingtonSuperior Court of New Hampshire · 1824
- Boardman v. PaigeSuperior Court of New Hampshire · 1840
- Peaslee v. BreedSuperior Court of New Hampshire · 1839