Haseltine v. Guild
Superior Court of New Hampshire
Assumpsit, upon a promissory note, dated November 18, 1835, for $3963-12, payable to the plaintiffs, or order, on demand, and interest. The action was commenced June 13, 1838. The defendant, Guild, was defaulted, but subsequent attaching creditors were permitted to come in, and defend the suit, on giving the bond customary in such cases.
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Assumpsit, upon a promissory note, dated November 18, 1835, for $3963-12, payable to the plaintiffs, or order, on demand, and interest. The action was commenced June 13, 1838. The defendant, Guild, was defaulted, but subsequent attaching creditors were permitted to come in, and defend the suit, on giving the bond customary in such cases. Upon the trial, at this term, the plaintiffs introduced the note described in their declaration, which it was admitted was executed by said Guild; but evidence having been introduced, in the defence, tending to show that the note might be held, in some…
1Opinion of the CourtParker, C. J.
When this case was first opened, in the common pleas, 1 had great doubts whether the plaintiffs could sustain their action, against the rights of other creditors who had made subsequent attachments upon the same property. The plaintiffs, upon the execution of the note, had in fact no debt against the defendant, such as appeared, on the face of the note itself, to exist; and it is very clear that securities of this kind are not the most appropriate evidences of contracts to indemnify the payee, for an existing liability as a surety for the maker. Purporting, as it does, upon its face, to be an…
2Cases cited1 opinion
- Buffum v. GreenSuperior Court of New Hampshire · 1829
3Cited by3 opinions
- Drew v. TowleSuperior Court of New Hampshire · 1853
- Belknap v. WendellSuperior Court of New Hampshire · 1855
- Lane v. SleeperSuperior Court of New Hampshire · 1846