Abbott v. Upton
This text of 36 Mass. 434 (Abbott v. Upton) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The substance of the condition of the mortgage declared on, was to indemnify Brigham against the payment of the note to Smith, signed by him as surety for J. Upton.' When that note was paid and discharged, Brigham was fully exonerated and indemnified ; he néver could be called on, and the condition was saved, and the defeasance took effect. And the Court are of opinion, that when the principal, Upton, gave a new note for a different sum, with other sureties, and with other collateral security to indemnify those sureties, Brigham was wholly exonerated and discharged, his interest in the mortgaged premises ceased by force of the defeasance, and nothing remained to pass by his assignment.
Plaintiff nonsuit
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Cite This Page — Counsel Stack
36 Mass. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbott-v-upton-mass-1837.