National Bank of Newbury v. Hale

The action is contract to recover the balance due on three promissory notes signed by the defendant. The de fendant pleaded, and her sole defense was, that she signed the notes in question as surety for her husband and in no other capacity. No replication was filed but the case has been treated thus far as though a reply by way of estoppel had been formally pleaded, and we so treat it. On the facts found by the court below defendant had judgment and the case is here on plaintiff’s exceptions.

While the notes in suit differ somewhat in form, they are treated by the plaintiff as standing alike,…