Springer v. Toothaker
Supreme Judicial Court of Maine
Reported by May, J. This action is against a surety upon a note of hand. An action had been brought and judgment recovered against the principal debtor; property attached upon the writ had been seized by virtue of an execution upon that judgment, advertised for sale and abandoned by order of the plaintiff, and without consent of this defendant, whereupon this action is brought to recover the amount of the note against the surety.
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Reported by May, J. This action is against a surety upon a note of hand. An action had been brought and judgment recovered against the principal debtor; property attached upon the writ had been seized by virtue of an execution upon that judgment, advertised for sale and abandoned by order of the plaintiff, and without consent of this defendant, whereupon this action is brought to recover the amount of the note against the surety. Argument o/ ülay: When the holder agrees with the principal for a sufficient consideration to extend or enlarge the time of payment without the consent of the…
1Opinion of the CourtHathaway, J.
The note upon which this action was brought, was signed by the defendant and H. P. Toothaker, who were legally holden thereon as joint and several promissors.
The defendant, however, was in fact, only the surety of H. P. Toothaker, and that was known by the plaintiff. Hence the defendant is entitled to all the benefits belonging to the character of a surety.
*384The evidence reported does not authorize the conclusion that there was any such agreement between the plaintiff and H. P. Toothaker, to enlarge the time of payment, as would operate as a discharge of the- defendant from his liability as…
2Cases cited1 opinion
- People v. JansenNew York Supreme Court · 1811
3Cited by10 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- Hudson Trust Co. v. ElliottSupreme Court of Alabama · 1915
- Burnham v. EdwardsSupreme Court of Oklahoma · 1927
- Central State Bank v. FordSupreme Court of Iowa · 1917
- Crosby v. WoodburySupreme Court of Colorado · 1906
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