Lord v. Staples
Superior Court of New Hampshire
Assumpsit, for money paid and for money bad and received. The plaintiff filed a specification, in which he claimed $380.08, paid by tlie plaintiff, as surety for the defendant, in part satisfaction of an execution in favor of the Savings Bank of Strafford county, dated June 2d, 1849, issued on a judgment recovered by said bank, against Lord, for $593.25 debt, and $11.21 cost, before the district court, &c., held at Alfred, York co., Me., May, 1849, which judgment.is founded…
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Assumpsit, for money paid and for money bad and received. The plaintiff filed a specification, in which he claimed $380.08, paid by tlie plaintiff, as surety for the defendant, in part satisfaction of an execution in favor of the Savings Bank of Strafford county, dated June 2d, 1849, issued on a judgment recovered by said bank, against Lord, for $593.25 debt, and $11.21 cost, before the district court, &c., held at Alfred, York co., Me., May, 1849, which judgment.is founded on anote for $500, dated April 28, 1846, payable to said bank or order, in six months, and signed by the defendant who…
1Opinion of the CourtGilchrist, J.
In this case it appears that in the month of April, 1846, the plaintiff signed a note for the sum of $500, as co-surety for the defendant, with MeCrillis and Gerrish, payable to the Savings Bank in six months. At the May term, 1849, of the district court for the county of York in Maine, the bank recovered judgment on the note, against the plaintiff. An execution was issued on the judgment and levied upon the plaintiff’s real estate in the county of York, which was appraised at the sum of $830.08, and set off in part satisfaction of the execution. The present action is for money had and…
2Cases cited3 opinions
- Randall v. RichMassachusetts Supreme Judicial Court · 1814
- Thompson v. MusserSupreme Court of the United States · 1789
- Bonney v. SeelyNew York Supreme Court · 1829
3Cited by1 opinion
- Carpenter v. BaileySupreme Court of New Hampshire · 1876