Ladd v. Baker
Superior Court of New Hampshire
Foreign attachment. In reply to the usual interrogatory, Gordon, the trustee, stated that on the 27th day of July, 1850, he gave to Baker, the principal defendant, his promissory note for $127,82, payable to said Baker or order in ninety days, with interest. He further stated that Jesse Ladd, one of the plaintiffs, signed the note with him, ,at his request, and in fact as his surety, although it did not so appear upon the face of the note.
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Foreign attachment. In reply to the usual interrogatory, Gordon, the trustee, stated that on the 27th day of July, 1850, he gave to Baker, the principal defendant, his promissory note for $127,82, payable to said Baker or order in ninety days, with interest. He further stated that Jesse Ladd, one of the plaintiffs, signed the note with him, ,at his request, and in fact as his surety, although it did not so appear upon the face of the note. In answer to further in-quines, subsequently propounded to him, Gordon said that since he disclosed in this case at a former term, he had seen the note…
1Opinion of the Court
Parsons, C. J.,
in delivering the opinion of the court, says : “ Richardson not being a party, or privy to the suit, cannot be affected by any judgment that can be given. As a several as well as a joint promissor, he might legally discharge the contract at his pleasure, without or even against the consent of the trustee, Bacon. And if he discharged it when liable to be called upon to fulfil it, he is entitled toan indemity against the defendant, (Bacon, the trustee,) for whom he was surety. The law therefore will not require the defendant (i. e. the trustee,) to pay the creditor of the…
2Cases cited7 opinions
- Hemmenway v. StoneMassachusetts Supreme Judicial Court · 1810
- Jewett v. BaconMassachusetts Supreme Judicial Court · 1809
- Atkins v. PrescottSuperior Court of New Hampshire · 1839
- Burley & Harris v. HarrisSuperior Court of New Hampshire · 1836
- Hudson v. HuntSuperior Court of New Hampshire · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Foshee v. Lloyds, New YorkCourt of Appeals for the Fifth Circuit · 1981
- Wheeler G. Foshee, Jr. v. Lloyds, New York, an Unincorporated Association, Lloyds, New York, an Unincorporated Association and United States of America, and in Interpleader-Appellees v. Uss Agri-Chemicals, Division of United States Steel Corporation, in Interpleader-Appellants v. Custom Farm Services of Alabama, Inc., Etc., in Interpleader-AppelleesCourt of Appeals for the Fifth Circuit · 1981