Mosher v. Hotchkiss
New York Court of Appeals
John Mosher and others sued Lemon B. Hotchkiss, in the supreme court, as guarantor on a promissory note for two hundred and forty-five dollars, made by Spencer Hildreth and Harvey Carey, dated August 8, 1857, payable three months after date, to the order of Hildreth, at the Ontario County Bank.
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John Mosher and others sued Lemon B. Hotchkiss, in the supreme court, as guarantor on a promissory note for two hundred and forty-five dollars, made by Spencer Hildreth and Harvey Carey, dated August 8, 1857, payable three months after date, to the order of Hildreth, at the Ontario County Bank. This note was guaranteed by Hotchkiss, by signing on the back thereof the following guaranty: “ For value received, I guarantee the collection of the within note, and the interest on the same.” The note so guaranteed was discounted hy the Ontario County Bank, and afterward transferred, before maturity,…
1Opinion of the CourtLeonard, J.
There is not a single fact found by the referee in this case that indicates any defense to this action if it had been prosecuted by the Ontario County Bank against the defendant. It is not competent for this court to explore the evidence to ascertain whether there are other facts which might have been found by the referee, and if found, would have authorized a discussion of the questions suggested by the exceptions taken to the conclusions of the referee.
Whether or not the defendant paid any money to the Ontario County Bank, and when, or for what purpose, and with what effect, it is not the…
2Cases cited2 opinions
- Cumpston v. McNairNew York Supreme Court · 1828
- Miller v. . CookNew York Court of Appeals · 1861
3Cited by7 opinions
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Blanding v. CohenAppellate Division of the Supreme Court of the State of New York · 1905
- Lossee v. WilliamsNew York Supreme Court · 1872
- Hurd v. CallahanNew York Surrogate's Court · 1881
- Kemple v. DarrowThe Superior Court of New York City · 1875
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