William Pain Beecham and Richard Smith v Henry Tilden Smith: 28 May 1858

Action by A. and B., payees of a joint and several promissory note, against C., one of the makers. Plea, that the said note was made (setting it out) by B., out of the plaintiffs, the defendant, and another : and that the defendant, in case the plaintiffa were to recover from him in that action the amount of the said note, would be entitled to call on B. for contribution. On demurrer, held a bad plea, as being no answer to the action upon the several contract by C. – Semble, per Lord Campbetl C.J., that, even if the plea had beeri good, a replication, averring that the plaintiffs made the said note only as sureties for third parties, would have been a good answer.

Citations:

[1858] EngR 742, (1858) El Bl and El 442, (1858) 120 ER 574

Links:

Commonlii

Jurisdiction:

England and Wales

Contract

Updated: 15 May 2022; Ref: scu.289213