Dillingham v. Scott

OPINION OP THE COURT BY

BALLOU, J.

This case, brought up hv defendant’s writ of error, is an action of assumpsit to recover the sum of $1100 which the plaintiff as maker of an accommodation note was obliged to pay at ihe maturity thereof and which he seeks to recover from the defendant as the accommodated party. The circumstances of the execution of the note as shown by the evidence are as follows:

The Kona Sugar Co., Ltd., a plantation corporation, had become financially embarrassed and at the suit of some of its *422creditors brought in the first circuit, had been placed in the hands of a…