Mathewson v. Strafford Bank
Supreme Court of New Hampshire
Assumpsit for §1300, money had and received. By agreement of the parties the case was tried by the court. The plaintiff, as administrator of George Mathewson deceased, claimed a balance of §1319.59, upon his intestate’s account of deposits and payments in the defendants’ bank, which was admitted.
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Assumpsit for §1300, money had and received. By agreement of the parties the case was tried by the court. The plaintiff, as administrator of George Mathewson deceased, claimed a balance of §1319.59, upon his intestate’s account of deposits and payments in the defendants’ bank, which was admitted. With the general issue the defendants gave notice of set-off, in which they allege, that, at the commencement of the action, the plaintiff, as administrator of the estate of George Mathewson deceased, was indebted to the'defendants in the sum of §1875, upon three several promissory-notes of said…
1Opinion of the Court
Bell, G. J.
The conclusions of the court below, that Mathewson’s estate was discharged from further liability, on account of this indorsement of Trickey’s note, by the agreement of the Bank, in consideration of his paying part of his note not to call upon him to pay any thing more, we feel reluctantly compelled by the weight of authority to hold to be wrong. That, agreement is npt in form an agreement to give time to the principal, but its effect is to give an indefinite time.
"By the law the creditor, who, without the consent of the surety, gives time to the principal, or enters into any…
2Cases cited13 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
- Fry v. EvansNew York Supreme Court · 1832
- Stewart v. EdenNew York Supreme Court · 1804
- Dale v. CookeNew York Court of Chancery · 1819
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3Cited by2 opinions
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992