Horne v. Bodwell

Massachusetts Supreme Judicial Court

Horne v. Bodwell

71 Mass. 457

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1855

StatusPublished

This text of 71 Mass. 457 (Horne v. Bodwell) 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

Horne v. Bodwell, 71 Mass. 457 (Mass. 1855).

Pincite

Opinion

Shaw, C. J.

It was competent for the defendant to show that he was a surety only, and that the plaintiff knew it. Carpenter v. King, 9 Met. 511. An agreement with the principal, for a consideration, to give time, and not to sue him within a time limited, discharges the surety. Greely v. Dow, 2 Met. 176. But mere omission to sue the principal will not discharge a surety. Hunt v. Bridgham, 2 Pick. 581.

And the court are of opinion that the averment in the answer was sufficient to let in this proof, especially as the plaintiff did not object to the proof when offered.

Exceptions overruled.

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Shaw, C. J.

It was competent for the defendant to show that he was a surety only, and that the plaintiff knew it. Carpenter v. King, 9 Met. 511. An agreement with the principal, for a consideration, to give time, and not to sue him within a time limited, discharges the surety. Greely v. Dow, 2 Met. 176. But mere omission to sue the principal will not discharge a surety. Hunt v. Bridgham, 2 Pick. 581.

And the court are of opinion that the averment in the answer was sufficient to let in this proof, especially as the plaintiff did not object to the proof when offered.

Exceptions overruled.

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Bluebook (online)

71 Mass. 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horne-v-bodwell-mass-1855.

Opinion

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