Merrimack County Bank v. Brown
Superior Court of New Hampshire
Assumpsit, upon a promissory note, signed by the defendants, Jonathan Brown, and Caleb P. Brown, and by one John Brown, deceased, dated September 19th, 1836, on demand, with interest after sixty days, for fj2GQQ. The writ was dated July 29th, 1840. On the trial it appeared that John Brown was principal, and the defendants sureties, and that this was known to the bank.
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Assumpsit, upon a promissory note, signed by the defendants, Jonathan Brown, and Caleb P. Brown, and by one John Brown, deceased, dated September 19th, 1836, on demand, with interest after sixty days, for fj2GQQ. The writ was dated July 29th, 1840. On the trial it appeared that John Brown was principal, and the defendants sureties, and that this was known to the bank. Across the margin of the note, in small type, was the following printed memorandum, viz: “ The bank reserves to itself the right, at any time, of collecting this note, or of extending from time to time the payment of the same,…
1Opinion of the CourtParker, C. J.
It is settled, in this state, that a payment of interest in advance, is, in general, evidence of a contract to forbear and give day of payment for the period for which the interest is thus paid; and a contract of that character, made between the creditor and the principal, without the assent of the surety, discharges the surety. Crosby vs. Wyatt, (10 N. H. Rep. 318.)
In 1837, the defendants made several written requests for delay, and thus far they continued liable, notwithstanding the contracts for delay ; but these requests have no tendency, standing alone, to show an assent to subsequent…
2Cases cited5 opinions
- Woodman v. EastmanSuperior Court of New Hampshire · 1839
- Carter v. BurleySuperior Court of New Hampshire · 1838
- Farrington v. BrownSuperior Court of New Hampshire · 1834
- Crosby v. WyattSuperior Court of New Hampshire · 1839
- Watts v. WelmanSuperior Court of New Hampshire · 1822
3Cited by1 opinion
- Caldwell v. WentworthSuperior Court of New Hampshire · 1843