Jewett v. Stevens
Superior Court of New Hampshire
Assumpsit, apon a note, for $150, dated June 7th, 1825, payable, to the plaintiff, in three years, with interest, and made by the defendants. The cause was tried here, upon the general issue, at May term. 183!, when the note was produced, and the signature of the defendants proved.
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Assumpsit, apon a note, for $150, dated June 7th, 1825, payable, to the plaintiff, in three years, with interest, and made by the defendants. The cause was tried here, upon the general issue, at May term. 183!, when the note was produced, and the signature of the defendants proved. Evidence was then introduced, by N. D. Stevens, tending to prove that, in 1825, S. D. Stevens, wanting morr ey, employed one N. Davis, to procure it, Davis applied to W. and B. who gave him encouragement that they would furnish the money. This note was then made, a blank being left for the name of the payee and for…
1Opinion of the Court
By the court.
It was supposed, at the time this action was tried, that, if the money was in fact borrowed of W.s *82for the use of S. D. Stevens, N. D. Stevens must be considered as a surety entitled to the benefit of the security which the plaintiff had in the land. But this is a mistake. He cannot be considered as a co-surety with the plaintiff, for he did not sign the note to W., on which the $100 was advanced. This note was delivered to the plaintiff, as a security, by both the defendants, and, in relation to him, they are both principals. It was, therefore, wholly immaterial whether the…
2Cases cited1 opinion
- Whitney & Bancroft v. Sterling & HunterNew York Supreme Court · 1817
3Cited by3 opinions
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Clement v. BrooksSuperior Court of New Hampshire · 1842
- Titus v. AshSuperior Court of New Hampshire · 1851