Legal Opinion

Sohier v. Loring

Massachusetts Supreme Judicial Court

Decided November 15, 1850Published

This was an appeal from a decision of Ellis Gray Loring, Esquire, a master in chancery for this county, overruling the motion of the appellant, as assignee of Edward H. Green and company, insolvent debtors, to expunge or reduce the amount of certain claims, proved before the master against the estate of Green and company.

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This was an appeal from a decision of Ellis Gray Loring, Esquire, a master in chancery for this county, overruling the motion of the appellant, as assignee of Edward H. Green and company, insolvent debtors, to expunge or reduce the amount of certain claims, proved before the master against the estate of Green and company. The case was submitted to the court upon the following agreed statement of facts: — On the 23d of February, 1846, a warrant was issued by the said master, against the estate of Edward H. Green and John E. Short, both of Boston, merchants and partners, doing business under…

1Opinion of the Court

The opinion was delivered at the March term, 1851.

Metcalf, J.

The composition made with the acceptors would have discharged the drawers and indorsers, if there had not been inserted in the composition deed a proviso that it should not prejudice the holders’ remedies against any other parties besides the acceptors. Bayley on Bills, (2d Amer. ed.) 357, 358. The first question in the case therefore is, what is the legal effect of that proviso ?

It is settled, in England, that a discharge or giving time, by a creditor to his principal debtor, will not discharge the surety, if there be an agreement…

2Cases cited2 opinions

  1. Stewart v. EdenNew York Supreme Court · 1804
  2. Taylor v. Stowell, Chamberlain, & Co.Court of Appeals of Kentucky · 1862

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