Morrison v. Poyntz

This is an action of assumpsit, instituted by Náthaniel Poyntz against James N. Morrison, to recover one third of a debt or debts which Poyntz had paid, as a co-surety with Morrison and one Payne, for Robert I. Langhorne.

The recovery was resisted on the ground that Lapg-horne had mortgaged to Poyntz and Payne, property worth about thirty thousand dollars, for indemnifying them as co-sureties of Morrison, and for other liabilities, amounting altogether to rather more than thirty thousand dollars; and that Poyntz had neither proceeded to foreclose the mortgage, nor otherwise to dispose of…