Huffman v. Hulbert
New York Supreme Court
This was an action of assumpsit, tried at the Cayuga circuit in April, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The defendant, John P. Hulbert, was sued on a joint and several note,given by his father John W. Hulbert, andby himself as surety, for §200, dated 28th December, 1828, payable to the plaintiff in thirty days.
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This was an action of assumpsit, tried at the Cayuga circuit in April, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The defendant, John P. Hulbert, was sued on a joint and several note,given by his father John W. Hulbert, andby himself as surety, for §200, dated 28th December, 1828, payable to the plaintiff in thirty days. At various times, and particularly in the summer of 1831, John W. Hulbert sent small sums of money to the plaintiff, requesting him to make no account of such payments, but to hold still, meaning that he should not prosecute on the demands he held…
1Opinion of the Court
*376By the Court,
Sutherland, J.
A new trial must be granted in this ease. The judge erred in admitting the evidence of the insolvency of John W. Hulbert, before and at the time of his death. The defendant John P. Hulbert signed the note on which this action was brought, as surety for his father, John W. Hulbert. This appears on the face of the note." His defence was, that the plaintiff had, for a valuable consideration, agreed with the principal to extend the time of payment ; and had, in pursuance of such argument, actually extended it; and the fact of such agreement appears to have been…
2Cases cited1 opinion
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