Pain v. Packard
New York Supreme Court
THIS was an' action of assumpsit,. on a-promissory, note made by Packard, <$■ Munson, in which Packard alone was arrested, the other defendant being returned not found. . The defendant* Packard, pleaded, e.
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THIS was an' action of assumpsit,. on a-promissory, note made by Packard, <$■ Munson, in which Packard alone was arrested, the other defendant being returned not found. . The defendant* Packard, pleaded, e. Non-assumpsit. 2. That he signed the nóte, which: was for 10.0 dollars, payable on demand, as surety for Munson ; that he urged the plaintiff to proceed immediate? ly in collecting the money due on the nóte from Munson, wh There was a demurrer to the second and third..pleas, and a join,der in demurrer, which wa§ submitted tó the court- without argument,
1Per curiam
The facts - set forth in the. plea are admitted by the demurrer. The principles laid down in the case of The People v. Jansen, (7 Johns. Rep 336.,). will warrant and support this plea. We there say, a mere delay-in calling on the principal will not discharge the-surety, The same principle -was fully and explicitly laid down by the court, in the case of Tallmadge v. Brush.* But this is not such a case. . Here is a special request, by the surety, to proceed to collect the money from- the principal; 'and an averment.of a. loss of the money, as against the, principal, in consequence : of such…
2Cited by63 opinions
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Samuel Sprigg, in Error v. The Bank of Mount PleasantSupreme Court of the United States · 1836
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Wells v. . MannNew York Court of Appeals · 1871
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