Low v. Smart

Decided January 15, 1831

Superior Court of New Hampshire · decided 1831-01-15

Assumpsit on a note for ⅜380, dated June 2G, 1826, payable to Peter Smart, or order, and by him endorsed to the plaintiff. The cause was tried upon the general issue, at September term, 1830, when it was’ admitted that the note was made and endorsed, and that the same was transferred to Peter Elkins, whose property it remained. There were several sums endorsed upon the note, the last of which was under the date of August 16, 1826.

Cited by 2 later decisions — most recently July 1890

2 state decisions

Relies on King v. Baldwin

Good law ✅— No negative treatment on recordhow we know

Decided 1831-01-15

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By the court.

¶1The law seems to be perfectly settled, that one surety is entitled to the benefit of any security which another,'who is his co-surety, has. 1 Johns. S. C. Rep. 409; 10 ditto, 524 ; 11 ditto, 22—23 ; 10 ditto, 409 ; 4 ditto, C. Rep. 123 ; 4 N. H. Rep. 488 ; 4 Vesey, 824 ; 1 Johns. Cases, 137 ; 17 Johns. 384 ; 7 ditto, 336 ; 8 Pick. 122 ; 5 ditto, 307 ; 17 Mass. Rep. 464 ; 2 Binney, 382.

¶2This being the case, it is clear that Emery had an interest in the event of the suit inclining him in favor of the plaintiff, who called him. He was, therefore, improperly admitted to testify for the plaintiff, and there must be

¶3A new trial granted.