Ayer v. Tilton
Supreme Court of New Hampshire
Assumpsit, for contribution for money paid by the plaintiff, Francis B. Ayer, upon a note signed by all the parties, with others, the plaintiff claiming that he was surety upon said note, and that the defendants in the actions were, as between themselves, co-sureties with the plaintiff. Plea, the general issue.
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Assumpsit, for contribution for money paid by the plaintiff, Francis B. Ayer, upon a note signed by all the parties, with others, the plaintiff claiming that he was surety upon said note, and that the defendants in the actions were, as between themselves, co-sureties with the plaintiff. Plea, the general issue. The actions were tried by the court, and the following facts found : On the 25th day of October, 1856, the following note was made: “For value received we severally and jointly promise to pay Caroline B. Taylor, or order, one thousand dollars, in one year from date. October 25, 1856.…
1Opinion of the CourtBellows, J.
The plaintiff and thefiwo defendants were sureties of Otis Ayer, and at the time of making the note were equally liable as such, unless the liability of Mooney was affected by his name being put upon the back of the note. About a year after the note was given, and upon its being sued, John Ayer, who was also a co-surety with other parties, pledged certain notes, and among them a note of this plaintiff for $500, to David Tilton, as security for his liability as such surety. Afterward, this note of the plaintiff was withdrawn, and another note of the plaintiff for the same sum put in its place.
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2Cases cited1 opinion
- Peck v. EllisNew York Court of Chancery · 1816
3Cited by2 opinions
- Trossman v. PhilipsbornAppellate Court of Illinois · 2007
- Trossman v. PhilipsbornAppellate Court of Illinois · 2007