Porter v. Hodenpuyl
Michigan Supreme Court
Assumpsit on a promissory note, of which the follow* ing is a copy: “$549. Sixty days after date for value received, we or either of us jointly promise to pay, to the order of J. S. Nevius, five hundred and forty-nine dollars, payable at the banking office of Wm. J.’ Wells, Grand Rapids. Grand Rapids, May 28, 1857. II S. Watrous, lewis Porter, Surety.” The note was endorsed by Nevius to the plaintiff in May or June, 1858. Porter alone defended.
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Assumpsit on a promissory note, of which the follow* ing is a copy: “$549. Sixty days after date for value received, we or either of us jointly promise to pay, to the order of J. S. Nevius, five hundred and forty-nine dollars, payable at the banking office of Wm. J.’ Wells, Grand Rapids. Grand Rapids, May 28, 1857. II S. Watrous, lewis Porter, Surety.” The note was endorsed by Nevius to the plaintiff in May or June, 1858. Porter alone defended. He proved that Watrous made an assignment for the benefit of his creditors, October 9, 1857, and ho also proved by Charles C. Miller, that in a…
1Opinion of the Court
Campbell J.:
The only question in this case is, whether, after time given by a contract . with the principal, a surety who promises to pay with full knowledge of the facts, is liable without a new consideration for his promise.
It is claimed that having been absolutely discharged by the extension of time, the surety’s promise is at an end; and several cases are cited to show that, where an end has been put absolutely to an obligation, no new one can be created without a new consideration.
It is unnecessary to refer at length to these authorities, or to examine into their qualifications; for the…
2Cases cited2 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Bank at Decatur v. JohnsonSupreme Court of Alabama · 1846
3Cited by4 opinions
- Williams v. BoydIndiana Supreme Court · 1881
- Perkins v. CheneyMichigan Supreme Court · 1897
- State Bank of St. Johns v. McCabeMichigan Supreme Court · 1904
- German National Bank v. BarberWisconsin Supreme Court · 1914