Grafton Bank v. Woodward
Superior Court of New Hampshire
Assumpsit upon anote dated July 23, 1823, made by the defendant, and payable to the bank, on demand, with interest after sixty days.
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Assumpsit upon anote dated July 23, 1823, made by the defendant, and payable to the bank, on demand, with interest after sixty days. The defendant pleaded in bar, that he signed the note as a surety only, for one Aaron Hale, who also signed the same ; and that this was known to the bank at the time the note was discounted ; that by the rules of the bank every note discounted there is required to be paid by instalments of one fifth part of the whole sum every sixty days, with interest upon the sum remaining due for sixty days in advance ; and in case of any failure thus to pay, the whole…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
The plea, in this case, contains some redundant matter. Whatever rules and regulations the bank may have adopted in relation to the collection of the notes it received, those rules and regulations must have been made for its own convenience, without any intent to control the express provisions of any contract, to which it might be a party, and might be enforced, or not, at its pleasure, without varying the liability of the principal, or sureties, in this case. All the allegations in the plea, relating to such rules and regulations may…
2Cases cited1 opinion
- Willie v. GreenSuperior Court of New Hampshire · 1821
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