Ward v. Henry
Supreme Court of Connecticut
This was an action of assumpsit for money paid by the plaintiff as surety for the defendant. The first count stated the cause of action as follows: That on the 25th of August, 1817, in consideration that the plaintiff, for the sole accommodation, and at the special instance and request of the defendant, would become holden as surety for him, on four several promissory notes, amounting to 2161 dollars, payable to Charles Denison, with interest annually, the defendant…
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This was an action of assumpsit for money paid by the plaintiff as surety for the defendant. The first count stated the cause of action as follows: That on the 25th of August, 1817, in consideration that the plaintiff, for the sole accommodation, and at the special instance and request of the defendant, would become holden as surety for him, on four several promissory notes, amounting to 2161 dollars, payable to Charles Denison, with interest annually, the defendant undertook and faithfully promised the plaintiff to pay all such notes, when they should become due and payable, and to indemnify…
1Opinion of the CourtBristol, J.
The question was discussed upon the argument of this case, whether the contract alleged to have been made in the first count of the declaration was such, as the law implied between principal and surety from the facts given in evidence ? But whether it is or is not, in the view I take of the case, it is unnecessary to decide ; and being unnecessary, I deem it advisable to give no opinion on the point.
A general count of indebitatus assumpsit for money paid, laid out and expended, is proper in all cases, where the surety has *599been obliged to pay money for his principal: and as the present…
2Cited by10 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Moore v. JenkinsTexas Supreme Court · 1919
- Stuart v. CarterWest Virginia Supreme Court · 1916
- Scott v. Norton Hardware Co.Court of Appeals for the Fourth Circuit · 1932
- Cacavalle v. LombardiSupreme Court of Connecticut · 1927
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