Anthony v. Fritts
Supreme Court of New Jersey
Suit upon the following promissory note, viz.: “$1000. “ On or before the 1st day of April, 1873, we, or either of us, promise to pay James W. Anthony, or bearer, the sum of one thousand dollars, with interest from date, without defalca tion or discount, for value received. “April 3d, 1872. “William Crater. “ A. S. Bang-hart. “Joseph B. Fritts.” Interest had been paid up on the note to the 1st of April, 1878, by one of the makers, William Crater.
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Suit upon the following promissory note, viz.: “$1000. “ On or before the 1st day of April, 1873, we, or either of us, promise to pay James W. Anthony, or bearer, the sum of one thousand dollars, with interest from date, without defalca tion or discount, for value received. “April 3d, 1872. “William Crater. “ A. S. Bang-hart. “Joseph B. Fritts.” Interest had been paid up on the note to the 1st of April, 1878, by one of the makers, William Crater. The suit was brought on the 12th of November, 1879. The defendant, under plea and notice, proved that on the 1st of April, 1878, the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The problem to be solved in this case is whether a person who has contracted as a principal, but who is known to be a surety, can, at law, claim any of the privileges belonging to the latter character. The subject may be said to belong to the vexed questions of the law, for the decisions relating to the matter are much in conflict. It is said in the text-books, and the observation appears to be justifiable, that the weight of American authority is in favor of the admissibility of the defence interposed in this case; but this…
2Cases cited1 opinion
- Campbell v. TateNew York Supreme Court · 1872