Nichols v. Parsons
Superior Court of New Hampshire
Assumpsit, upon a note, for ⅛ 100, dated, June 4, 1825, signed by John M, Cooper, Jesse Cooper, and the defendant. whereby they, jointly and severally, promised the plaintiff, to pay him, or order, said sum, in one year, with interest.
Read the full summary
Assumpsit, upon a note, for ⅛ 100, dated, June 4, 1825, signed by John M, Cooper, Jesse Cooper, and the defendant. whereby they, jointly and severally, promised the plaintiff, to pay him, or order, said sum, in one year, with interest. The cause was tried, upon the general issue, at No-vetnber term, 1831, when it appeared, in evidence, that the said note was given for the debt of John M. Cooper, and that the said Jesse Cooper, and the defendant, were sureties ; but it did not appear, on the face of the note, that they were sureties. It was, however, known to Nichols, when the note was given,…
1Opinion of the CourtRichardson, C. J.
When two or more persons give a note for their joint debt, they may be considered, in some respects, as sureties for one another. 5 N. H. Rep. 38, Handerson v. McDuffie. But the principle, that a surety is discharged, by giving day of payment to the principal, without the assent of the surety, has never been applied in such a .case.
The holder of a note has a right to consider, and to treat, all the makers as principals, unless he has notice that there are sureties.
Cut it is said, that, as the note in this case was transferred to Ingals, after it was discredited, he is, by law, .presumed to…
2Cases cited1 opinion
- Henderson v. McDuffeeSuperior Court of New Hampshire · 1829