City Bank v. Young
Supreme Court of New Hampshire
Assumpsit upon a promissory note, signed by F. H. Lyford, as principal, and by the defendant, J. C. Lyford, and others, as sureties, payable to the plaintiffs. It appeared that the plaintiffs, when they took the note, knew that F. H. Lyford was principal, and that the other signers were sureties upon it.
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Assumpsit upon a promissory note, signed by F. H. Lyford, as principal, and by the defendant, J. C. Lyford, and others, as sureties, payable to the plaintiffs. It appeared that the plaintiffs, when they took the note, knew that F. H. Lyford was principal, and that the other signers were sureties upon it. After the note was given to the plaintiffs, F. H. Lyford executed to the plaintiffs, without their request, a mortgage of certain personal property to secure the payment of the note in suit, and two other notes, signed by F. H. Lyford, and certain sureties, which together were of an amount…
1Opinion of the CourtBellows, J.
The deposition of J.' C. Lyford was properly admitted. The cause of the caption certified by the magistrate, that the witness was bound to sea, was not disproved by the finding of the court, and must therefore be taken to be true. On the contrary, the proof that he actually did go to sea, tends to confirm the certificate.
At the caption the plaintiff objected, upon the ground that the time was after the Tuesday preceding the term; but did not object to the notice, and they must be deemed to have waived the exception which is now taken to it.
The objection to the Vermont deposition can not be…
2Cases cited5 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Holmes v. AndersonNew York Supreme Court · 1854
- Slevin v. MorrowIndiana Supreme Court · 1853
- Springer v. ToothakerSupreme Judicial Court of Maine · 1857
- Trotter v. CrockettSupreme Court of Alabama · 1835
3Cited by1 opinion
- Atlantic Greyhound Corp. v. EddinsCourt of Appeals for the Fourth Circuit · 1949