Legal Opinion

Odlin v. Greenleaf

Superior Court of New Hampshire

Decided August 15, 1825PublishedCited by 5 opinions

Indebitatus assumpsit for money paid, laid out, and expended. The defendant pleaded the general issue, and the statute of limitations. The cause was tried here at January term, 1825 ; when it appeared, that in the year 1813, the defendant, as principal, and W. A. Kent, and Thomas Wilson, the plaintiff’s testator, as sureties, made and delivered to the Concord bank a promissory note for $750, payable to the bank in sixty days.

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Indebitatus assumpsit for money paid, laid out, and expended. The defendant pleaded the general issue, and the statute of limitations. The cause was tried here at January term, 1825 ; when it appeared, that in the year 1813, the defendant, as principal, and W. A. Kent, and Thomas Wilson, the plaintiff’s testator, as sureties, made and delivered to the Concord bank a promissory note for $750, payable to the bank in sixty days. In 1816, W. A. Kent, one of the sureties, paid to the bank the amount of the note ; but this was done without suit, and without consulting the defendant. Wilson died in…

1Opinion of the Court

By the court.

The defence, upon which this defendant relies, is founded upon a very great misapprehension, in relation to the principles of law, by which the cause must be settled.

Whether a surety, who voluntarily pays the debt, after all remedy to recover it is barred by the statute of limitations, can maintain an action against the principal to recover the money thus paid, or against his co-surety for a contribution, is a question, which does not arise in this case, and need not be examined.

It is settled, that as soon as the debt becomes due by the terms of the contract, a surety may pay it,…

2Cases cited1 opinion

  1. Mauri v. HeffernanNew York Supreme Court · 1816

3Cited by5 opinions

  1. Judah v. MieureIndiana Supreme Court · 1839
  2. Crosby v. WyattSuperior Court of New Hampshire · 1839
  3. Boardman v. PaigeSuperior Court of New Hampshire · 1840
  4. Peaslee v. BreedSuperior Court of New Hampshire · 1839
  5. McCann v. DennettSuperior Court of New Hampshire · 1843

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