Shepley v. Story

3 N.H. 63

Opinion

By the court.

The question lobe decided in this case is, whether the endorser of a writ is discharged from his liability, as sue!!, by a submission of the ac tion to arbitrators ?

It has been decided in Massachusetts, that bail are discharged by a reference of the action and all demands. 17 Mass. Rep. 591.

But, it seems that bail are not discharged, by a reference of tile action only. Tidd's Prac. 993.

There is so close an analogy between the case of bail, and oí an endorser, that these authorities seem to us to bear directly upon the question in this case ; and we are of opinion, that the defendant is liable.

Judgment for the plaintiff.