Legal Opinion

Packer v. Willson

New York Supreme Court

Decided May 15, 1836PublishedCited by 18 opinions

This was an action of assumpsit, tried at the Chenango circuit in May, 1834, before the Hon. Robert Monell, one of the circuit judges. The plaintiff, Nancy Packer, as administratrix of the estate of her deceased husband, held two promissory notes for the payment of money, given by George Farnham and John P. Farnham, payable to her husband, or hearer.

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This was an action of assumpsit, tried at the Chenango circuit in May, 1834, before the Hon. Robert Monell, one of the circuit judges. The plaintiff, Nancy Packer, as administratrix of the estate of her deceased husband, held two promissory notes for the payment of money, given by George Farnham and John P. Farnham, payable to her husband, or hearer. On the 11th September, 1833, after the death of the husband, both notes then being over due, the defendant subscribed a guaranty on the back of each note in these words: “ I guarantee the payment of the within note in six months.” On these…

1Opinion of the Court

By the Court,

Savage, Ch. J.

The defendant’s counsel objected to the plaintiff’s right to recover, 1. Because no consideration .was expressed in the written guaranty, and was therefore void by the statute of frauds; 2. That the suit should have been brought by both administrators, the notes belonging to the estate of Perez Parker, deceased.

In relation to the second point, it is no doubt true that in actions brought by administrators, as such, all the administrators ought to join; but if one of several executors or administrators brings the suit alone, the defendant can take advantage of the…

2Cases cited2 opinions

  1. Rogers v. KneelandNew York Supreme Court · 1833
  2. Robinson v. ClandallNew York Supreme Court · 1832

3Cited by18 opinions

  1. Douglass v. HowlandNew York Supreme Court · 1840
  2. Mallory v. . GillettNew York Court of Appeals · 1860
  3. Hall v. Farmer & DoolittleNew York Supreme Court · 1848
  4. Jones v. BerryhillSupreme Court of Iowa · 1868
  5. Staats v. HowlettNew York Supreme Court · 1847

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