Pabodie v. King

Headnote

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IN ERROR, on certiorari to a justice’s court.

This was an action of assumpsit, brought by King, the plaintiff below, against Pabodie, the defendant below. The grounc¡ Dfthe plaintiff’s claim was, that he and one Perry were indebted, by their joint promissory note, to Pabodie, for 100 bushels of wheat. The note being due and recoverable in money, the defendant called on the plaintiff beloWj and promised, that if he would pay him fifty dollars on the note, he would forbear to sue him until" he had endeavoured to collect the balance of the note by a suit against Perry ; the plaintiff, accordingly, paid fifty dollars, and the defendant, after waiting about a year, without having attempted to sue Perry, brought an action against the plaintiff, and recovered the balance of the note in the supreme court. The justice gave judgment for the plaintiff.