Jones v. Brown
Ohio Supreme Court
Error to the district court of Madison county. Clement Brown brought an action against James W. Robison, Joseph Morgan, John S. Robison, and James Jones, upon a promissory note signed by them, a copy of which, with the indorsements thereon, as set out in the petition, is the following : $3,000. We, or either of us, promise to pay Clement Brown, or order, three thousand dollars, for Value received, with ten per cent, interest from date, interest paid annually, this September…
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Error to the district court of Madison county. Clement Brown brought an action against James W. Robison, Joseph Morgan, John S. Robison, and James Jones, upon a promissory note signed by them, a copy of which, with the indorsements thereon, as set out in the petition, is the following : $3,000. We, or either of us, promise to pay Clement Brown, or order, three thousand dollars, for Value received, with ten per cent, interest from date, interest paid annually, this September 25, 1853.” (Sig.) J. W. Robison, Joseph .Morgan, J. S. Robison, James Jones. (Indorsements). “Received three hundred…
1DissentSutliff, J.
The contract between a creditor and sureties is one requiring, on the part of the creditor, good faith to be exercised toward them in his dealings with the principal. Their liability, by the law of their contract, only arises upon the default of their principal. If that default occurs, on the part of the principal, under circumstances giving a right of action, for such default, to the creditor, against the principal, we all agree that the sureties are liable, by the terms of their contract, as sureties, for the damage sustained by the creditor by reason of such delinquency. The surety’s…
2Cases cited1 opinion
- Bank of Steubenville v. LeavittOhio Supreme Court · 1831