Glazier v. Douglass
Supreme Court of Connecticut
Assumpsit against the defendant as an endorser of a promissory note ; tried in the superior court on the general issue with notice, ■ closed to the court, and the following facts found.
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Assumpsit against the defendant as an endorser of a promissory note ; tried in the superior court on the general issue with notice, ■ closed to the court, and the following facts found. The note was executed by- Henry Rogers & Oo., on the 26th of August, 1861, for the payment of §515, three months from date, to the order of the defendant, endorsed by the defendant, and after him by the plaintiff, both indorsements being for the accommodation of the makers, for whose benefit the note was discounted at its date at the Phoenix Bank, where it was payable. When the note fell due the makers were…
1Opinion of the CourtButler, J.
The defence set up in this case can not be sustained.
By a series of decisions adopting the equitable principles of the civil law, there have been annexed to the undertaking of. a surety in a case like this, three conditions, and if either is broken by the creditor that undertaking becomes inoperative, and the surety is discharged.
The first is that the creditor shall present the note to the maker for payment at maturity, and if dishonored use due diligence in giving notice to the surety. The second is that no obligatory extension of the time of payment shall be given which will preclude the…
2Cases cited5 opinions
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
- Bank of Montpelier v. DixonSupreme Court of Vermont · 1832
- Lichtenthaler v. ThompsonSupreme Court of Pennsylvania · 1825
- Hurd v. LittleMassachusetts Supreme Judicial Court · 1815
- Pearl Street Congregational Society v. ImlaySupreme Court of Connecticut · 1854
3Cited by16 opinions
- Connecticut National Bank v. DouglasSupreme Court of Connecticut · 1992
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- McShane v. Howard BankCourt of Appeals of Maryland · 1890
- Second Nat'l Bank v. HillIndiana Supreme Court · 1881
- Tyler v. WaddinghamSupreme Court of Connecticut · 1890
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