Public-domain · open source
OpenJurist

27 Mass. 121

Longley v. Griggs

Massachusetts Supreme Judicial Court

Decided October 15, 1830

Massachusetts Supreme Judicial Court · decided 1830-10-15

Assumpsit to recover of the defendant his contribulive proportion of a joint and several promissory note, for $ 300, dated January 8th, 1828, payable to the Worcester Bank or order in fifty-seven days and grace. On a case stated it appeared, that the note was made by one Howe as principal and one Snow and the plaintiff as sureties. On the back of the note was the following indorsement; — “ I consider myself holden as guarantee for this note. Joseph Griggs.

Decided 1830-10-15

Per Curiam.

¶1It is contended that the defendant is liable to contribution, because he indorsed the old note as surety, and the same relationship continued after the new note was given. But we think that he did not continue in the same relation to the note. He made a new engagement, and he had a right so to do. It is also said, that if the indorsement had been in blank, the holder might have filled it up with an obligation on the part of the defendant to be a surety ; but here the defendant himself filled ip the indorsement with an engagement to *122guaranty merely. The sureties were in effect principals, so f"ar as regards the guarantor. The law raises no implied promise on the part of a guarantor to contribute in the case of a surety’s paying the note, as it does on the part of a co-surety.

¶2Judgment for the defendant.

/27/mass/121 · .json · Public domain