Clopton v. Hall

Citations

• 51 Miss. 482

Syllabus

<p>1. Promissory Notes: Liability of joint makers and sureties. Consideration.</p> <p>The liability of a copromisor, surety or guarantor, to a promissory note, rests upon the presumption of participation in the original consideration ; and the signing of a note after its delivery, after the execution of the contract, is independent of the original contract and disconnected from its consideration, and the liability incurred for payment must depend upon some other inducement or consideration valuable in law.</p> <p>2. Same : Same : Bwrden of proof.</p> <p>The burden of proof as to the consideration of a contract rests upon the plaintiff, where it is not by law implied.. The subsequent signing of a note by a surety, after its delivery, constitutes a separate agreement; the consideration is not imported by the instrument itself, but must be shown aliunde.</p> <p>3. Same : Same : Case in judgment.</p> <p>L. Houghton executed his three promissory notes to Hall after maturity. James Houghton subscribed his name below that of L. Houghton. The phraseology is in the singular, “ I promise,” etc. There was no evidence as to the consideration or inducement for the signing by James Houghton. Held, that as to James Houghton, the note did not import consideration; that it was incumbent on the plaintiif to show it aliunde, in the absence of which he is not liable.</p>