Kittredge v. Claremont Bank
U.S. Circuit Court for the District of New Hampshire
This was a bill in chancery, alleging, among other things, that the plaintiff [Thomas B. Kittredge] had become surety in a promissory note to said bank, on the 12th of December, 1S37, for one James H. Bing-ham, In the sum of $1,250. It was averred, that Bingham was indebted to the bank, August 12th, 1837, in the sum of $13,563, to secure which he then assigned to the bank Samuel Partridge’s note of $10,784, and Asa Wentworth’s note of $5,000. That Bingham, on the 5th of…
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This was a bill in chancery, alleging, among other things, that the plaintiff [Thomas B. Kittredge] had become surety in a promissory note to said bank, on the 12th of December, 1S37, for one James H. Bing-ham, In the sum of $1,250. It was averred, that Bingham was indebted to the bank, August 12th, 1837, in the sum of $13,563, to secure which he then assigned to the bank Samuel Partridge’s note of $10,784, and Asa Wentworth’s note of $5,000. That Bingham, on the 5th of December, 1839, by consent of the bank, assigned to Tyler and Eastman, other sureties of his, all the surplus interest he…
1Opinion of the Court
WOODBURY, Circuit Justice.
One of the exceptions in this case is, that the last answer by the bank does not state, whether the original notes of $400 and $850 were for loans made for the benefit of Bingham. It states, that the present officers have no *709knowledge on this point, but does not add what is their information or their belief concerning it. The first answer by the bank stated, that both Bingham and the plaintiff appeared as principals on the books, but professed ignorance for whose benefit the loan was made. And though the court then decided that the answer should be fuller in this…
2Cases cited1 opinion
- Woods v. MorrellNew York Court of Chancery · 1814
3Cited by2 opinions
- Gamewell Fire-Alarm Tel. Co. v. MayorU.S. Circuit Court for the District of Southern New York · 1887
- Tillinghast v. ChaceU.S. Circuit Court for the District of Rhode Island · 1903