Read v. Cutts
Supreme Judicial Court of Maine
This was an action of assumpsit on a written promise of the defendant, dated Jan. 14, 1825, in these terms : — “.Whereas Tris-tram Hooper of Saco has given 'his several notes of hand to James Read & Co. of Boston, .one dated Nov. 25, 1S24, for ,f689,11, and the other dated Nov. 26, 1824, for 1106,64; and whereas said Tristram has conveyed to me by his deed of this date a lot of land in said Saco, being numbered” &cc.
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This was an action of assumpsit on a written promise of the defendant, dated Jan. 14, 1825, in these terms : — “.Whereas Tris-tram Hooper of Saco has given 'his several notes of hand to James Read & Co. of Boston, .one dated Nov. 25, 1S24, for ,f689,11, and the other dated Nov. 26, 1824, for 1106,64; and whereas said Tristram has conveyed to me by his deed of this date a lot of land in said Saco, being numbered” &cc. “ Now for the consideration above, and in consideration that said James Read & Co. have promised to and will forbear to sue said Tristram on said notes of hand for and during the…
1Opinion of the Court
The opinion of the Court was read at the ensuing September term, as drawn up by
Mellen C. J.
Strictly speaking, guarantors, indorsers and co-obligors or co-promissors, are all sureties for others who are the principals ; but still, in common parlance, the word surety is used in a more limited sense, to mean a co-obligor or co-promissor, entering into a contract with the principal jointly, or jointly and severally, and at the same time. He may in all cases be sued jointly with the principal. No demand of the debt or notice of its non-payment by the principal, need be proved in an action against…
2Cases cited11 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Allen v. RightmereNew York Supreme Court · 1823
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3Cited by4 opinions
- Delsman v. FriedlanderOregon Supreme Court · 1901
- Capul v. Fleet Bank of MaineSupreme Judicial Court of Maine · 1997
- Ford Motor Credit Co. v. MacHias Ford, Mercury, Inc.Supreme Judicial Court of Maine · 1986
- City Bank & Trust Co. v. AtwoodMichigan Supreme Court · 1917