Berry v. Pullen
Supreme Judicial Court of Maine
On motion to set aside the verdict as against law and evidence. & Assumpsit on the following promissory note: “ Palermo, December 23, 1870. For value received, we jointly and severally promise to pay Harrison Berry or bearer one hundred dollars, in one year from date, with interest. B. C. Pullen. Surety, E. W, Pinkham.” The defendant Pullen was defaulted.
Read the full summary
On motion to set aside the verdict as against law and evidence. & Assumpsit on the following promissory note: “ Palermo, December 23, 1870. For value received, we jointly and severally promise to pay Harrison Berry or bearer one hundred dollars, in one year from date, with interest. B. C. Pullen. Surety, E. W, Pinkham.” The defendant Pullen was defaulted. The other defendant, Edward W. Pinkham, pleaded the general issue, with a brief statement that he signed the note declared on as surety only; that he received no consideration therefor ; that he signed it for the accommodation only of Baxter…
1Opinion of the CourtYirgin, J.
Probably no principle has ever been in substance more frequently repeated by courts than that, a surety is entitled to have his contracts performed according to its terms; and that if any alteration, either in substance or time of performance, is made therein, without the surety’s consent, by parties knowing his relation to it, he thereby becomes absolved from all further liability thereon.
The rights and liabilities of sureties are well defined. Whether Or not a note, executed by two makers, discloses the fact that one of them is a surety for the other, their respective liability to the payee…
2Cases cited10 opinions
- Bullock v. CurryCourt of Appeals of Kentucky · 1859
- Myers v. First National BankIllinois Supreme Court · 1875
- Tudor v. GoodloeCourt of Appeals of Kentucky · 1841
- Wheeler v. WashburnSupreme Court of Vermont · 1852
- Draper v. RomeynNew York Supreme Court · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Braasch v. BondeWisconsin Supreme Court · 1926
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- Bank of British Columbia v. JeffsWashington Supreme Court · 1896
- Michigan State Insurance v. SouleMichigan Supreme Court · 1883