Chapman v. Collins

Massachusetts Supreme Judicial Court

Chapman v. Collins

66 Mass. 163

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1853

StatusPublished

This text of 66 Mass. 163 (Chapman v. Collins) 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.

Bluebook

Chapman v. Collins, 66 Mass. 163 (Mass. 1853).

Pincite

Opinion

By the Court.

This action on the note cannot, we think, be maintained. It appears to us, from the evidence reported, that if Daniel Collins was ever liable, it could be in no higher capacity than as surety to Hawkes for Charles Collins; that the note was, by force of the agreement, paid by the funds of Charles Collins’s estate; and that, when it got back into the hands of Hawkes, it was ftmctus officio as a note, and could not be again put into circulation. The payment by the principal discharged the surety. Judgment for the defendant.

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By the Court.

This action on the note cannot, we think, be maintained. It appears to us, from the evidence reported, that if Daniel Collins was ever liable, it could be in no higher capacity than as surety to Hawkes for Charles Collins; that the note was, by force of the agreement, paid by the funds of Charles Collins’s estate; and that, when it got back into the hands of Hawkes, it was ftmctus officio as a note, and could not be again put into circulation. The payment by the principal discharged the surety. Judgment for the defendant.

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Bluebook (online)

66 Mass. 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-collins-mass-1853.