McNairy v. Thompson
Tennessee Supreme Court
FBOM DAVIDSON. Tiiis was an action of covenant in the circuit court of Davidson county, brought by John Thompson and Ids wife, Mary, (formerly Mary Honse,) and James M. Hamilton, against ¥m. TI. McNairy and M. Hamilton, upon an instrument under ¿seal, executed on the 4th of January, 1851, by said McNairy and M. Hamilton to said James M. Hamilton and Mary House, as executor ■and executrix of the last will and testament of Geo. "W. House, deceased.
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FBOM DAVIDSON. Tiiis was an action of covenant in the circuit court of Davidson county, brought by John Thompson and Ids wife, Mary, (formerly Mary Honse,) and James M. Hamilton, against ¥m. TI. McNairy and M. Hamilton, upon an instrument under ¿seal, executed on the 4th of January, 1851, by said McNairy and M. Hamilton to said James M. Hamilton and Mary House, as executor ■and executrix of the last will and testament of Geo. "W. House, deceased. The covenant sued on is sufficiently quoted in the above abstract, No. 3. It appears that in the year 1850, Geo. W. House died, leaving a last will…
1Opinion of the CourtMcKiNNEY, J.
The assignment of errors in this case, presents various questions for our consideration.
1. It is argued, that his Honor, the circuit judge, erred in construing the instrument declared on. This *149proposition assumes that the instrument upon its proper construction, contains no covenant to indemnify or to save harmless the covenantees against the payment of the notes to the banks, who were the holders thereof, but merely that the covenantors as endorsers of said notes, would not, in the event they should be first compelled to pay said notes, seek to hold the makers liable further than the assets…
2Cases cited1 opinion
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