¶1No title is shown by the defendant to the note relied upon as a set-off. Wingate, though he put his name on the back of the note, was still a promisor to Chandler & *254Maine, as settled in Hunt v. Adams, 5 Mass. 358, and 6 Mass. 519. The note was therefore extinguished, by payment by a promisor, who could not again put it in circulation as against a co-promisor. The only right that Wingate derived, or could derive, from the payment thus made by him as surety and co-promisor, was to claim the amount of Pray for money paid at his request, and for his use, and that right was not negotiable. Exceptions overruled
61 Mass. 253
Pray v. Maine
Massachusetts Supreme Judicial Court
Decided March 15, 1851
Massachusetts Supreme Judicial Court · decided 1851-03-15
This was an action of assumpsit. The defendant filed in set-off a promissory note for $100, payable to Chandler & Maine, or their order, signed by the plaintiff, and indorsed “ Chandler & Maine to Wingate,” underneath which indorsement appeared the name of “ Andrew T. Wingate,” erased.
Relies on Hunt v. Adams · Hunt v. Adams
Decided 1851-03-15