183 Mass. 66 | Mass. | 1903
This is an action against the defendants as indorsers upon a promissory note to recover the balance due upon it. The case was heard upon agreed facts, and judgment was ordered for the plaintiff. The defendants appealed.
The note was signed by the firm of Meloon and Wyeth and was dated October 22,1900, and was payable three months after date to the plaintiff’s order. The plaintiff discounted it, and
It may be observed, though of course it has nothing to do with the decision, that it is now expressly provided by the Revised Laws which went into effect since this action was brought that “ The holder may expressly renounce his rights against any party to the instrument, before, at, or after its maturity.” R. L. c. 73, § 139. In this case the covenant not to sue was with the firm as a firm, and not with the indorsers. All rights against the indorsers as such were expressly reserved. The defendants Wyeth and Mary C. Meloon were none the less indorsers and none the less liable as such because they were also liable as members of the firm which made the note. The effect of the covenant not to sue was to release the firm as the maker, not
Judgment affirmed.