Wilson v. Powers
Massachusetts Supreme Judicial Court
Contract upon a joint and several promissory note for $5000, dated February 2, 1874, payable to the plaintiff or order, “ with interest at the rate of twelve per cent per annum, payable semiannually in advance,” and signed by Philip S. Walsh as principal and by the defendants as sureties.
Read the full summary
Contract upon a joint and several promissory note for $5000, dated February 2, 1874, payable to the plaintiff or order, “ with interest at the rate of twelve per cent per annum, payable semiannually in advance,” and signed by Philip S. Walsh as principal and by the defendants as sureties. The defence relied upon was that the defendants had been discharged from their liability as sureties by an instrument, dated July 5, 1877, and signed by the plaintiff, the material part of which was as follows: “ And I hereby agree to continue or extend the time of final payment for three additional years,…
1Opinion of the CourtDevens, J.
At the trial, the defendants relied upon a certain instrument as discharging them from their obligation as sureties, by which Wilson, the promisee of the note, as it was contended, agreed to extend the time of payment of the note to the principal defendant without the assent of the sureties. It was contended by the plaintiff, that the instrument signed by Wilson was delivered by him as a proposition merely, and upon the agreement that it should become binding only upon the assent of the sureties thereto. The manual delivery of an instrument may always be proved to have been on a condition…
2Cited by73 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
68 more not listed; retrieve them via the Exa API.