Howard v. Fletcher
Supreme Court of New Hampshire
Assumpsit, upon a promissory note, dated December 27, 1866, payable to the plaintiff or bearer on demand, with interest annually, and signed by Charles L. Fletcher and the defendant.
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Assumpsit, upon a promissory note, dated December 27, 1866, payable to the plaintiff or bearer on demand, with interest annually, and signed by Charles L. Fletcher and the defendant. Interest for each year for eight years was indorsed upon the note, the indorsement for 1872 being signed by Charles L. Fletcher. 'Flea, the general issue, with a brief statement that the plaintiff, without the knowledge of the defendant, who was a surety on the note, agreed with Charles L. Fletcher to extend the time of payment, in consideration of the payment of interest and a renewal of the note; also, the…
1Opinion of the CourtAllen, J.
The note was joint and several (Humphreys v. Guillow, 13 N. H. 385; Ladd v. Baker, 26 N. H. 76), but it might be shown that the defendant was a surety only by the understanding 'of the parties when he signed it. Grafton Bank v. Kent, 4 N. H. 221; Whitehouse v. Hanson, 42 N. H. 9; Maynard v. Fellows, 43 N. H. 255. The payment of interest due on the note by the principal maker was not a good consideration for an agreement to extend the time of payment; and the agreement had no binding force, and did not have the effect to release the defendant. Joslyn v. Smith, 13 Vt. 353; Wheeler v. Washburn,…
2Cases cited5 opinions
- Crane v. SticklesSupreme Court of Vermont · 1843
- Joslyn v. SmithSupreme Court of Vermont · 1841
- Wheeler v. WashburnSupreme Court of Vermont · 1852
- Harrison v. EdwardsSupreme Court of Vermont · 1840
- Hickok v. Farmers' & Mechanics' BankSupreme Court of Vermont · 1863
3Cited by1 opinion
- Burque v. BrodeurSupreme Court of New Hampshire · 1932