Chute v. Pattee
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J., presiding. Assumpsit, on a promissory note, dated May 8,1846, for $500, payable to Benjamin Webber with interest,-in one year from the seventh day of June following, signed by Pattee as principal, and the other defendants as sureties. On the back of the note was indorsed “June 7, 1847, received the interest. June 8, 1848, received the interest.” The note was read to the jury. Pattee made no defence.
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On Report from Nisi Prius, Wells, J., presiding. Assumpsit, on a promissory note, dated May 8,1846, for $500, payable to Benjamin Webber with interest,-in one year from the seventh day of June following, signed by Pattee as principal, and the other defendants as sureties. On the back of the note was indorsed “June 7, 1847, received the interest. June 8, 1848, received the interest.” The note was read to the jury. Pattee made no defence. But the sureties alleged that they were discharged in consequence of an agreement, for a sufficient consideration, between Webber, the plaintiff’s testator,…
1Opinion of the CourtHoward, J.
— It is agreed that the plaintiff may take judgment against Pattee, the principal defendant, for the amount of the note in suit, with interest and costs. But the other defendants, who are sureties upon the note, claim to have been discharged by the operation of an agreement made between the testator and the principal, without their assent. They, only, make defence.
It is proved, that after the note became payable, the testator agreed in writing with the principal, to extend the time of payment “ for one year more,” upon the agreement of the latter to pay interest upon this, and other notes,…
2Cases cited2 opinions
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3Cited by9 opinions
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- Hartman v. DannerSupreme Court of Pennsylvania · 1873
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