New-Hampshire Savings Bank v. Ela
Superior Court of New Hampshire
Assumpsit upon a promissory note, signed by the defendant, March 29, 1833, for $369, payable to R. T. Crane & Co. or order, in six months, with interest after, and indorsed to the plaintiffs. It was admitted that Moses G. Atwood, one of the signers, was the principal debtor, and the defendant a surety, and that this was known to the agents of the plaintiffs when they took the note.
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Assumpsit upon a promissory note, signed by the defendant, March 29, 1833, for $369, payable to R. T. Crane & Co. or order, in six months, with interest after, and indorsed to the plaintiffs. It was admitted that Moses G. Atwood, one of the signers, was the principal debtor, and the defendant a surety, and that this was known to the agents of the plaintiffs when they took the note. The defendant gave in evidence an indenture, dated October 13, 1834, made between said Atwood of the first part, A. Cady and H. Hutchins of the second part, and the Concord Bank and others of the third part,…
1Opinion of the Court
Parker, O. J.
The sums set down in the schedule, against the different articles of property, do not furnish even prima facie evidence of its value. For aught which appears, they were mere estimates of its value, by Atwood, the debtor. The case furnishes nothing to show that there was an appraisal ; and if there had been, the contract is that the property should be sold, and the avails applied towards the discharge of the demands. This furnishes no discharge to the defendant.
But there is nothing in the case, to take it out of the principle, settled in Crosby vs. Wyatt, (10 N. H. Rep. 318.) The…
2Cases cited1 opinion
- Crosby v. WyattSuperior Court of New Hampshire · 1839