Benton v. Mullen
Supreme Court of New Hampshire
Debt, upon a judgment recovered at November term, 1878, in Cobs. Facts agreed. The original cause of action was debt, by Benton against Stephen Burbank and others, upon a bond signed by Stephen Burbank' as principal, and by the defendants in this cause as sureties, conditioned to indemnify Benton against all loss, cost, damage, and expense to which he may be subject by reason of becoming surety upon a recognizance for the appearance of Charles A. Burbank at the November term…
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Debt, upon a judgment recovered at November term, 1878, in Cobs. Facts agreed. The original cause of action was debt, by Benton against Stephen Burbank and others, upon a bond signed by Stephen Burbank' as principal, and by the defendants in this cause as sureties, conditioned to indemnify Benton against all loss, cost, damage, and expense to which he may be subject by reason of becoming surety upon a recognizance for the appearance of Charles A. Burbank at the November term of court in Cobs county, 1864, to answer to an indictment found against him at the April term, 1864. Benton, upon the…
1Opinion of the CourtBlodgett, J.
The agreement of January 29, 1879, is of no importance here, nor is it claimed to be. The only question then is as to the effect of the subsequent agreement of May 13,1879; and to make this agreement available to the defendants as a defence, it is conceded by them that it must be given the effect of a technical release under seal, the provisipn upon which they rely being, “that I will exonerate and save him [Evans] from ever having to pay anything further on said judgment.”
But the whole of the agreement must be considered in determining its meaning, and not merely a particular clause; and if…
2Cases cited8 opinions
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Rowley v. StoddardNew York Supreme Court · 1810
- Kirby v. TaylorNew York Court of Chancery · 1822
- Bonney v. BonneySupreme Court of Iowa · 1870
- Couch v. MillsNew York Supreme Court · 1839
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